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NATIONAL INSTITUTE OF DESIGN A Statutory Institute Under DIPP Ministry of Commerce & Industry Govt. Of India PALDI, AHMEDABAD 380 007 Phone: 079 2662 9500, 079 2662 9600 Web Site:www.nid.edu
NIT No : 18/16-17 dated 27.03.2017
Tender document for Miscellaneous Civil & Fabrication works at NID, Ahmedabad..
Client : National Institute of Design Paldi, Ahmedabad 380 007 India Tele : 079 26629500, 079 26629600
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NATIONAL INSTITUTE OF DESIGN A STATUTORY INSTITUTE UNDER DIPP MINSITRY OF COMMERCE & INDUSTRY
GOVERNMENT OF INDIA PALDI, AHMEDABAD 380 007
PHONE : 079 26629500, 079 26629600 Web Site : www.nid.edu
NOTICE INVITING e - TENDER
National Institute of Design (NID) invites on line tenders (through e-tendering) from established & reputed firms /bidders with experience for “Miscellaneous Civil & Fabrication works at NID, Ahmedabad”. Tender Notices & Tender documents are available on Govt. Of India Central Public Procurement Portal www.eprocure.gov.in and www.nprocure.com for downloading. Any modification / corrigendum etc. In the tender will be available on this website. Tender document can be viewed only on www.nid.edu / tender.
Sr. No.
NIT No.
Name of work & Location
Estimated cost
put to bid in Rs.
EMD in Rs.
Period of completion
Last date & time of bid, EMD, e-tender processing fees online
& Hardcopy submission
Time & date Of opening of technical bid.
1 2 3 4 5 6 7 8
1 18/16-17
Miscellaneous Civil & Fabrication works at NID, Ahmedabad
17.70 Lakh 36,000/- 6 months 12.04.2017 up to 15.00 hrs. e-tender fees Rs. 2500/-
12.04.2017 at 17.00 hrs
NID reserves the right to accept or reject any or all the offers without assigning any reason.
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NATIONAL INSTITUTE OF DESIGN A STATUTORY INSTITUTE UNDER DIPP MINSITRY OF COMMERCE & INDUSTRY
GOVERNMENT OF INDIA PALDI, AHMEDABAD 380 007
PHONE : 079 26629500, 079 26629600 Web Site : www.nid.edu
Date: 27.03.2017
NOTICE INVITING e-TENDER (NIT)
NID,Ahmedabad invites online percentage rate open tenders through press in Two bid System from
experienced, reputed and eligible Contractors/ Agencies for “Miscellaneous Civil & Fabrication works
at NID, Ahmedabad. “ and as per schedule as under:
Tendering Document No 18/ 16-17 dated 27.03.2017
Name of the Work Miscellaneous Civil & Fabrication works at NID, Ahmedabad
Brief Scope of Work Miscellaneous Civil & Fabrication works at NID, Ahmedabad
Estimated Cost Rs. 17,70,000.00 (Rupees Seventy Lacs Seventy Thousand Only)
Period of Completion 6 Months (Six Months)
Earnest Money Deposit Rs. 36,000.00 (Rupees Thirty Six Thousand Only)
Non-refundable cost of Tender document
Rs. 2500.00 ( Rs. Two Thousand Five Hundred Only ) in the shape of DD/PO in favour of NID Payable at Ahmedabad
Last date & time of submission of Online Tender
Upto 12.04.2017 by 15.00 Hrs
Period during which hard copy in original of EMD, Cost of Tender Document, Letter of Acceptance of tender conditions unconditional
before and up to 15.00 Hrs on 12.04.2017 in the office of:
Secretary & Head, General Administration , NID, Paldi,
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other document as per NIT shall be submitted.
Ahmedabad -380 007
Date & Time of Opening of technical Tender
12.04.2017 at 17.00 Hrs.
Date & Time of Opening of Financial Tender
To be intimated later
Validity of offer 90 days from the date of opening of financial bid
Pre-Tender Meeting & Venue -
QUALIFYING REQUIREMENT FOR BIDDER:
The bidder who wishes to participate in the bidding shall satisfactory establish that he fulfill the qualifying requirements stipulated here under and Joint ventures are not accepted:
Estimated cost put to tender (Rs. in lakh)
Average Annual Turnover during last 3 years ending 31.03.16 (Rs. in lakhs)
Proof of having completed similar works such as Misc. Civil & Fabrication works etc. successfully completed during last during last 5 years ending previous day of last date of submission of application as detailed below: (bidders should fulfill either of three options)
Latest Bank Solvency value of (Rs in Lakh)
Single work of value (Rs in Lakh)
Two works, each of at least value of (Rs in Lakh)
Three work, each of at least value of (Rs in Lakh)
17.70 Lacs
17.70
14.00
11.00
7.00
7.00
(Similar Works for this purpose means “Misc. Civil & Fabrication works etc . ”
The bidder must fulfill the requirements under sub-head “Parameters of bidding” also.
1.0
a) The past experience in similar nature of work should be supported by certificates issued by an officer not below the rank of Executive Engineer or Equivalent. In case the bidder has executed the work(s) under a private sector, the value of the work shall be reflected in the TDS of the Corresponding year(s) and shall submit requisite Proof/ TDS certificate for the same.
b) The value of free issue of materials shall be taken in to account while evaluating completion cost of project. The value of such materials incorporated in the project should be certified by the Client.
c) “The value of executed works shall be brought to current costing level by enhancing the
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actual value of work at simple rate of 7% per annum; calculated from the date of completion to last date of receipt of applications for tenders.”
d) Should not have incurred any loss in more than two years during the last three years ending 31st March 2016.
e) In addition to the above, the applicant has to submit the following documents/information’s:-
a. Should have valid Service Tax Number.
b. Should have EPF Registration Certificate.
c. Should have Sales Tax/VAT-Registration certificate from State/Central Govt.
d. Bank Solvency certificate for the value of at least Rs 7.00 lakhs issued not before
six month of the date of publication of this NIT.
e. Completion certificate from the clients.
f. Sufficient manpower and resources to carry out such works.
g. Complete Name and mailing address of the applicant along with Telephone numbers,Mobile
Numbers and E-mail address.
h. Information regarding the Constitution of the applicant/firm e.g. Proprietors, Partnership, Private etc. along with proof of the same such as copies of registration with Council of Architecture/ Certificate of Incorporation/Partnership deed etc.
i. Details of projects executed supported by copies of completion certificates/agreement/LOI etc.
j. Details of key Personnel on roll and their qualification and experiences
k. Copies of PAN/TAN card
l. Details of Litigations, if any
The tender document can be downloaded from website www.nprocure.com and www.eprocure.gov.in & it
can be viewed only on NID website www.nid.edu “Corrigendum, if any, not to be published in any
News Paper”. It will be available on www.nprocure.com & www.eprocure.gov.in only.
2.0 The intending tenderer must read the terms and conditions carefully. He should only submit his
tender if he considers himself eligible and he is in possession of all the documents required.
2.0(A) Information and Instructions for Tenderers posted on Website(s) shall form part of Tender
Document.
3.0 The Tender Document as uploaded can be viewed and downloaded free of cost by anyone including
intending tenderer. But the tender can only be submitted after uploading the mandatory scanned
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documents a) Demand Draft / Pay order towards cost of tender document b) Demand Draft/Pay
Order against EMD & All other documents shall be as per Notice Inviting e-tender.
4.0 Set of Contract/Tender Documents:
The following documents will constitute set of tender documents:
a) Notice Inviting e-Tender. b) Quoting Sheet for Tenderer / Bill of Quantities c) General Conditions of Contract d) Technical Specifications & Approved Makes e) Tender Drawings f) Acceptance of Tender Conditions g) Corrigendum, if any.
5.0 The tenderers are required to quote strictly as per terms and conditions, specifications, standards
given in the tender documents and not to stipulate any deviations.
6.0 After submission of the tender the tenderer can re-submit revised tender any number of times but
before last time and date of submission of tender as notified.
7.0 When it is desired by NID to submit revised financial tender then it shall be mandatory to submit
revised financial tender. If not submitted then the tender submitted earlier shall become invalid.
8.0 On opening date, the tenderer can login and see the tender opening process.
9.0 Contractor can upload documents in the form of JPG format and PDF format.
10.0 Contractor to upload scanned copies of all the documents including valid service tax registration/EPF
registration/VAT registration/Sales Tax registration,PAN NO. as stipulated in the tender document.
11.0 If the contractor is found ineligible after opening of tenders, his tender shall become invalid and cost
of tender document and processing fee shall not be refunded.
12.0 If any discrepancy is noticed between the documents as uploaded at the time of submission of tender
and hard copies as submitted physically by the contractor the tender shall become invalid and cost of
tender document and processing fee shall not be refunded.
13.0 Notwithstanding anything stated above, NID reserves the right to assess the capabilities and capacity
of the tenderer to perform the contract, in the overall interest of NID. In case, tenderer’s capabilities
and capacities are not found satisfactory, NID reserves the right to reject the tender.
14.0 Certificate of Financial Turn Over: At the time of submission of tender, the tenderer shall upload
Affidavit/Certificate from Chartered Accountant mentioning Financial Turnover of last 3 years or for
the period as specified in the tender document and further details if required may be asked from the
tenderer after opening of technical tenders. There is no need to upload entire voluminous balance
sheet.
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15.0 List of Documents to be scanned and uploaded within the period of tender submission:
a) Demand Draft/Pay Order or Banker’s Cheque of any Nationalized / Scheduled Bank against EMD ( In favour of National Institute of Design payable at Ahmedabad)
b) Demand Draft/Pay Order or Banker’s Cheque of any Scheduled Bank towards cost of Tender Document.
c) Letter of Transmittal – Section III d) Appendix I – Condition of Contracts e) Appendix II – Acceptance of Tender conditions f) Form A – Financial Information g) Form B – From of Bankers’ certificate from a Scheduled Bank h) Form C – Details of all works of similar works successfully completed works during last during
last 5 years ending previous day of last date of submission of application i) Form D – Projects Under Execution or Award j) Form E – Performance report of works referred to informs C & D k) Form F - Structure & Organization l) Form G – Details of Technical & Administrative personnel to be employed for the work m) Form H – Details of Plant Machinery and Equipment likely to be used in carrying out the work n) Power of Attorney of the person having digital signature for signing/submitting the tender. o) All pages of all the Corrigendum (if any) duly signed by the authorized person. p) Valid service tax registration/ EPF registration/VAT registration/ Sales Tax registration, PAN
NO. q) Details of Litigations, if any
21.0 In case of any query, please contact on 079-26629777 / 26629676/26629778 during Office hours.
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NATIONAL INSTITUTE OF DESIGN, PALDI, AHMEDABAD
To,
______________________ ______________________ Tender for Misc. Civil & Fabrication works at NID, Ahmedabad
GENERAL CONDITIONS Dear Sirs,
1) NID takes great pleasure in inviting you to quote for the above mentioned work. The building is located at the premises of NID, Ahmedabad.
2) The draft for the agreement, conditions of Contract, and specifications are attached herewith for study and reference. The type of work, finishes and various conditions to be observed while quoting the work are also attached h/w. The site should be seen by the Contractor thoroughly before quoting. It is also desirable for the contractor to visit the site for availability of space for stacking the material etc.
3) The bidder is advised to visit the site of work, at his own cost, and examine it and its surroundings to collect all information that he considers necessary for proper assessment of the prospective assignment.
4) The bidders shall have to deposit an Earnest Money Deposit (EMD) along with the submission of tender documents through a pay order of any Nationalized / Scheduled bank in favor of “National Institute of Design” payable at Ahmedabad. On award of the work, he will have to deposit 5% of the total accepted contract value (including earnest money deposit) as security deposit in the name of NID by Demand Draft only.
5) NID reserves the right to reject any or all the tenders without assigning any reason to do so. 6) The bidder shall have experience of carrying out similar works and shall produce attested documents
for the same. 7) The bidder shall get done the specialized work given in BOQ through specialized agencies approved
by NID. 8) The successful bidder shall be notified of the acceptance of his tender within 30 days of the opening
of the tenders. He shall execute the contract within 15 days following such notification. The tender will be valid for a period of 90 days from the date of opening of tenders.
9) The date of commencement of the work shall be within two weeks from the date of letter of intent / work order.
Yours faithfully, Secretary & Head, General Administration.
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APPENDIX-I
Date of commencement : within 15 (fifteen) days of issue of Work order to commence the work. Period of completion : 6 months Defects liability period : 12 (twelve) months from completion of the Work and handing over to NID. Liquidated Damage for delay completion : Point five percent (0.5%) per week of the contract
value or part subject to maximum five percent of the contract value
Minimum amount of Running bill : Rs. 2 lakh Percentage retention : Ten percent (10%) will be deducted from the gross
value of the work done against each RA Bill Period of final settlement : 2 (two) months from the date of final bill and Valuation date of bill submission. Security Deposit (SD) : Five percent of the total contract value including EMD Labor Cess : If applicable, would be paid at the applicable rate by
the approved bidder and Voucher / challan must be submitted to NID. No separate charges would be paid for labor cess; it should be included in the rate.
Release of Retention and Security Deposit : On completion of defects liability period of
12 months from the date of completion of building / handing over the building to NID whichever is late duly certified by NID - without interest.
Special Note : Upon short listing of the bidders, if two lowest bidders
are found for a single work on both the website, the lowest bidder amongst two L1 bidders will be considered for award of contract. NID reserves the right to accept or reject any or all the offers without assigning any reason.
There must be two separate offers (Technical and Commercial). Both the offers must be submitted at the same time, giving full particulars on website www.nprocure.com or www.eprocure.gov.in on or before 15.00 hours on 12.04.2017. Please note that Identical hardcopy of only technical offer in sealed envelopes must be submitted on or before 15.00 hours on 12.04.2017 at NID’s address, Offers received after the date and time specified in this tender will not be accepted. Commercial offer must be submitted online either on www.nprocure.com or www.eprocure.gov.in only.
Commercial offer submitted online only will be considered and if submitted in any other form will be not considered and rejected. NID reserves the right to accept or reject any or all the offers without assigning any reason.
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SECTION II
INFORMATION & INSTRUCTIONS FOR BIDDERS 1.0 General : 1.1 Letter of transmittal and forms for deciding eligibility are given in Section III. 1.2 All information called for in the enclosed forms should be furnished against the relevant columns in the
forms. If for any reason, information is furnished on a separate sheet, this fact should be mentioned against the relevant column. Even if no information is to be provided in a column, a “nil” or “no such case” entry should be made in that column. If any particulars/query is not applicable in case of the bidder, it should be stated as “not applicable”. The bidders are cautioned that not giving complete information called for in the application forms or not giving it in clear terms or making any change in the prescribed forms or deliberately suppressing the information may result in the bid being summarily disqualified.
1.3 The bid should be type-written. The bidder should sign each page of the application. 1.4 Overwriting should be avoided. Correction, if any, should be made by neatly crossing it, initialling,
dating and rewriting. Pages of the eligibility criteria document should be numbered. Additional sheets, if any added by the contractor, should also be numbered by him. They should be submitted as a package with signed letter of transmittal.
1.5 References, information and certificates from the respective clients certifying suitability, technical knowledge or capability of the bidder should be signed by an officer not below the rank of Executive Engineer or equivalent.
1.6 The bidder may furnish any additional information which he thinks is necessary to establish his capabilities to complete the envisaged work successfully. He is, however, advised not to furnish superfluous information. No information shall be entertained after submission of eligibility criteria document unless it is called for by the Employer.
1.7 The credentials submitted in respect of pre-qualification of the tender/tender for specialised work by the first lowest bidder after opening of the financial bid shall be verified before award of work. Any information furnished by the bidder found to be incorrect either immediately or at a later date would render him liable to be debarred from tendering/taking up of work in NID. If such bidder happens to be enlisted contractor of any class in NID, his name shall also be removed from the approved list of contractors.
2.0 Definitions: 2.1 In this document the following words and expressions have the meaning hereby assigned to them. 2.2 Employer: Means the competent Authority of NID. 2.3 Bidder: Means the individual, proprietary firm, firm in partnership, limited company private or public or
corporation. 2.4 “Year” means “Financial Year” unless stated otherwise. 3.0 Method of application: 3.1 If the bidder is an individual, the application shall be signed by him above his full type written name and
current address. 3.2 If the bidder is a proprietary firm, the application shall be signed by the proprietor above his full
typewritten name and the full name of his firm with its current address. 3.3 If the bidder is a firm in partnership, the application shall be signed by all the partners of the firm above
their full typewritten names and current addresses, or, alternatively, by a partner holding power of attorney for the firm. In the later case a certified copy of the power of attorney should accompany the application. In both cases a certified copy of the partnership deed and current address of all the partners of the firm should accompany the application.
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3.4 If the bidder is a limited company or a corporation, the application shall be signed by a duly authorized person holding power of attorney for signing the application accompanied by a copy of the power of attorney. The bidder should also furnish a copy of the Memorandum of Articles of Association duly attested by a Public Notary.
4.0 Final decision making authority. The employer reserves the right to accept or reject any bid and to annul the process and reject all bids at any time, without assigning any reason or incurring any liability to the bidders.
5.0 Particulars provisional The particulars of the work given in Section I are provisional. They are liable to change and must be considered only as advance information to assist the bidder.
6.0 Site visit The bidder is advised to visit the site of work, at his own cost, and examine it and its surroundings to collect all information that he considers necessary for proper assessment of the prospective assignment.
7.0 Initial criteria for eligibility 7.1 The Bidder should have satisfactorily completed works during the last seven years ending previous day of last date of submission of tenders. For this purpose, cost of work shall mean gross value of the completed work including cost of material supplied by the Government/Client but excluding those supplied free of cost. This should be certified by an officer not below the rank of Executive Engineer/Project Manager or equivalent.
(i) Three similar works each costing not less than Rs.………………., or completed two similar works each costing not less than Rs………………………., or completed one similar work costing not less than Rs…………………….
and
(ii) One work of any nature (either part of (i) above or a separate one) costing not less than
Rs…………………. with Central/State Government/Central Autonomous Body/Central Public Sector Undertaking.
Similar work shall mean works of …………………
The value of executed works shall be brought to current costing level by enhancing the actual value of
work at simple rate of seven percent per annum; calculated from the date of completion to last date of receipt of applications for tenders. 7.2 At the time of purchase of tender, the tender shall have to furnish an affidavit as under:
“I/We undertake and confirm that eligible similar work(s) has /have not been got executed through another contractor on back to back basis. Further that, if such a violation comes to the notice of Department, then I/We shall be debarred from tendering in NID contracts in future forever. Also, if such a violation comes to the notice of Department beforestart date of work, the Engineer-in-Charge shall be free to forit the entire amount of Earnest Money Deposit/Performance Guarantee.” 7.3 The bidder should have had average annual financial turn over (gross) of Rs............ on Civil/Electrical construction work during the last available three consecutive balance sheets (may range from six to eighteen months) duly audited by Charted Accountant. Year in which no turnover is shown would also be considered for working out the average. 7.4 The bidder should not have incurred any loss in more than two years during available last five consecutive balance sheets, duly certified and audited by the Chartered Accountant.
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7.5 The bidding capacity of the contractor should be equal to or more than the estimated cost of the work put to tender. The bidding capacity shall be worked out by the following formula:
Bidding Capacity = {[AxNx2]-B}
Where,
A = Maximum turnover in construction works executed in any one year during the last five years taking into account the completed as well as works in progress. The value of completed works shall be brought to current costing level by enhancing at a simple rate of seven percent per annum (as mentioned in Para 7.1 of Appendix-20).
N = Number of years prescribed for completion of work for which bids has been invited. B = Value of existing commitments and ongoing works to be completed during the period of completion
of work for which bids have been invited. 7.6 The bidder should have a solvency of Rs. ………………….. certified by his Bankers.
(Not required if applicant is a Class-I (Civil) registered contractor of CPWD) * 7.7 The bidder should own constructions equipment as per list required for the proper and timely execution of the work. Else, he should certify that he would be able to manage the equipment by hiring etc., and submit the list of firms from whom he proposes to hire. 7.8 The bidder should have sufficient number of Technical and Administrative employees for the proper execution of the contract. The bidder should submit a list of these employees stating clearly how they would be involved in this work. 7.9 The bidder’s performance for each work completed in the last seven years and on hand should be certified by an officer not below the rank of Executive Engineer or equivalent and should be obtained in sealed cover.
* May be struck off for works with estimated cost more than Rs. 25 Crores. 8.0 Evaluation criteria 8.1 The details submitted by the bidders will be evaluated in the following manner: 8.1.1 The initial criteria prescribed in para 7.1 to 7.5 above in respect of experience of similar class of works
completed, bidding capacity and financial turn over etc. will first be scrutinized and the bidder’s eligibility for the work will be determined.
8..1.2 The bidders qualifying the initial criteria as set out in para 7.1 to 7.5 above will be evaluated with the
following criteria by scoring method on the basis of details furnished by them. (a) Financial strength (Form ‘A’ & ‘B’) Maximum 20 marks(b) Experience in similar nature of work during last seven years Maximum 20 marks(c) Performance on works (Form ‘E’) – Time over run Maximum 20 marks
(d) Performance on works (Form ‘E’) – Quality Maximum 15 marks(e) Personnel and Establishment (Form “F”&”G”) Maximum 10 marks(f) Plant & Equipment (Form “H”) Maximum 15 marks Total 100 marks
To become eligible for short listing the bidder must secure at least fifty percent marks in each and sixty percent marks in aggregate. The department, however, reserves the right to restrict the list of such qualified contractors to any number deemed suitable.
8.2 Even though any bidder may satisfy the above requirements, he would be liable to disqualification if he
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has: (a) made misleading or false representation or deliberately suppressed the information in the forms,
statements and enclosures required in the eligibility criteria document, (b) record of poor performance such as abandoning work, not properly completing the contract, or
financial failures / weaknesses etc. 9.0 Financial information
Bidder should furnish the following financial information: Annual financial statement for the last five year in (Form “A”) and solvency certificate in (Form “B”)
10.0 Experience in works highlighting experience in similar works 10.1 Bidder should furnish the following:
(a) List of all works of similar nature successfully completed during the last seven years in (Form “C”). (b) List of the projects under execution or awarded in (Form “D”).
10.2 Particulars of completed works and performance of the bidder duly authenticated/certified by an officer
not below the rank of Executive Engineer or equivalent should be furnished separately for each work completed or in progress in (Form “E”).
10.3 Information in (Form “D”) should be complete and no work should be left out. 11.0 Organisation information
Bidder is required to submit the information in respect of his organization in Forms “F” & “G” 12.0 Construction plant and equipment
Bidder should furnish the list of construction plant and equipment including steel shuttering, centering and scaffolding to be used in carrying out the work. (in Form “H”). Details of any other plant & equipment required for the work not included available with the applicant may also be indicated.
13.0 Letter of transmittal
The bidder should submit the letter of transmittal attached with the document. 14.0 Opening of Price bid
After evaluation of applications, a list of short listed agencies will be prepared. Thereafter the financial bids of only the qualified and technically acceptable bidders shall be opened at the notified time, date and place in the presence of the qualified bidders or their representatives. The bid shall remain valid for a period mentioned below:
1. For specialized work involving - 120 days from the date of opening three envelope system of technical bids.
2. Normal works involving two/three - 90 days from the date of opening envelope system of technical bids.
15.0 Award criteria 15.1 The employer reserves the right, without being liable for any damages or obligation to inform the
bidder, to: (a) amend the scope and value of contract to the bidder. (b) Reject any or all the applications without assigning any reason.
15.2 Any effort on the part of the bidder or his agent to exercise influence or to pressurize the employer would result in rejection of his bid. Canvassing of any kind is prohibited.
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SECTION III
INFORMATION REGARDING ELIGIBILITY LETTER OF TRANSMITTAL
From: To Secratory & Head General Administration NID,Paldi A ‘bad
Subject: Submission of bids for the work of Miscellaneous Civil & Fabrication works at NID, Ahmedabad.. NIT No. : 18/16-17
Sir, Having examined the details given in press notice and bid document for the above work, I/we hereby submit the relevant information.
1. I/we hereby certify that all the statement made and information supplied in the enclosed forms A to H
and accompanying statement are true and correct. 2. I/we have furnished all information and details necessary for eligibility and have no further pertinent
information to supply. 3. I/we submit the requisite certified solvency certificate and authorize the Technical team of NID, A’bad to
approach the Bank for issuing the solvency certificate to confirm the correctness thereof. I/we also authorize Technical team, NID, A’bad to approach individuals, employers, firms and corporation to verify our competence and general reputation.
4. I/we submit the following certificates in support of our suitability, technical knowledge and capability for having successfully completed the following works:
Name of work
Certificate from
Enclosures: Seal of bidder
Date of submission: Signature(s) of Bidder(s).
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Appendix -II
ACCEPTANCE OF TENDER CONDITIONS
From: (On the letter head of the company by the authorized officer having power of attorney) To, Secretary & Head, General Administration NID, Paldi, Ahmedabad
Sub: Miscellaneous Civil & Fabrication works at NID, Ahmedabad. NIT No. : 18/16-17 Sir,
i) This has reference to above referred tender. I/We are pleased to submit our tender for the above work after visited the site of work at NID premises and I/We hereby unconditionally accept the tender conditions and tender documents in its entirety for the above work.
ii) I/we are eligible to submit the tender for the subject tender and I/We are in possession of all the documents required.
iii) I/We have viewed and read the terms and conditions of this GCC carefully. I/We have downloaded all
the documents documents forming part of the tender document:
a) Notice Inviting e-Tender. b) Quoting Sheet for Tenderer / Bill of Quantities c) Appendix – I Condition of Contract d) Appendix – II Acceptance of Tender Conditions e) Tender Drawings f) Approved Makes g) Corrigendum, if any.
iv) I/we have uploaded the mandatory scanned documents such as cost of tender document, EMD and other documents as per Notice Inviting e-tender AND I/We agree to pay the cost of tender document, EMD and other documents in physical form in the form and manner as described in NIT.
v) Should this tender be accepted, I/We agree to abide by and fulfill all terms and conditions referred to above and as contained in tender documents elsewhere and in default thereof, to forfeit and pay NID, Ahmedabad, or its successors or its authorized nominees such sums of money as are stipulated in the notice inviting tenders and tender documents.
vi) If I/we fail to commence the work within 15 days of the date of issue of Letter of Award and/or I/we fail to sign the agreement as per Clauses of Contract and/or I/we fail to submit security deposit per Clauses of Contract, I/we agree that NID, Ahmedabad shall, without prejudice to any other right or remedy, be at liberty to cancel the Letter of Award and to forfeit the said earnest money as specified above.
Yours faithfully,
(Signature of the tenderer with rubber stamp) Dated _________________
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FORM ‘A’
FINANCIAL INFORMATION I. Financial Statements – Details to be furnished duly supported by figures in balance sheet/ profit & loss
account for the last five years duly certified by the Chartered Accountant, as submitted by the applicant to the Income Tax Department (Copies to be attached).
Years
(i) Gross Annual turnover on construction works. (ii) profit/Loss.
II. Financial arrangements for carrying out the proposed work. III. Solvency Certificate from Bankers of the bidder in the prescribed Form “B”.
Signature of Chartered Accountant with Seal Signature of Bidder(s).
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FORM “B”
FORM OF BANKERS’ CERTIFICATE FROM A SCHEDULED BANK
This is to certify that to the best of our knowledge and information that M/s./
Sh…………………………………………………………. having marginally noted address, a customer of our bank are/is respectable and can be treated as good for any engagement Upto a limit of Rs…………………. (Rupees……………………………………………………………………………….)
This certificate is issued without any guarantee or responsibility on the bank or any of the officers.
(Signature) For the Bank NOTE
(1) Bankers certificates should be on letter head of the Bank, sealed in cover addressed to tendering authority.
(2) In case of partnership firm, certificate should include names of all partners as recorded with the Bank.
Certified that the above list of works is complete and no work has been left out and that the information given is correct to my knowledge and belief.
Signature of Bidder(s)
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FORM 'C'
DETAIL OF ALL WORKS OF SIMILAR CLASS COMPLETED DURING THE LAST FIVE YEARS ENDING LAST DAY OF THE MONTH………
S.No.
Name of work/project and location
Owner or sponsoring organization
Cost of work
Date ofcommen cement as per contract
Stipulated date of completion
Actual date of completion
Litigation/ arbitration cases pending/ in progress with details*
Name and address/ telephone number of officer to whom reference can be made
Remarks
1 2 3 4 5 6 7 8 9 10
* Indicate gross amount claimed and amount awarded by the Arbitrator.
Signature of Bidder(s)
Page 19 of 23
FORM ‘D’
PROJECTS UNDER EXECUTION OR AWARDED
S.No.
Name of work/pro
ject and
location
Owner or sponsorin
g organizati
on
Cost ofwork
Date of
commen
cement
as percontra
ct
Stipulated
date of completi
on
Upto date
percentage
of the progressof work
Slow Progres
s if any and
reasons thereof
Name and
address/
telephone
numberof
officer to
whom referenc
e can be made
Remarks
1 2 3 4 5 6 7 8 9 10
Certified that the above list of works is complete and no work has been left out and that the information given is correct to my knowledge and belief.
Signature of Bidder(s)
Page 20 of 23
FORM ‘E’
PERFORMANCE REPORT OF WORKS REFERRED TO IN FORMS “C” & “D”
1. Name of work/project & location
2. Agreement no.
3. Estimated cost
4. Tendered cost
5. Date of start
6. Date of completion (i) Stipulated date of completion (ii) Actual date of completion
7. Amount of compensation levied for delayed completion, if any
8. Amount of reduced rate items, if any
9. Performance Report (1) Quality of work Very Good/Good/Fair/Poor (2) Financial soundness Very Good/Good/Fair/Poor (3) Technical Proficiency Very Good/Good/Fair/Poor (4) Resourcefulness Very Good/Good/Fair/Poor (5) General Behavior Very Good/Good/Fair/Poor
Dated:
Executive Engineer or Equivalent
Page 21 of 23
FORM “F”
STRUCTURE & ORGANISATION
1. Name & address of the bidder 2. Telephone no./Telex no./Fax no./e-mail address. 3. Legal status of the bidder (attach copies of original document defining the legal status)
(a) An Individual (b) A proprietary firm (c) A firm in partnership (d) A limited company or Corporation
4. Particulars of registration with various Government Bodies (attach attested photocopy)
Organization/Place of registration Registration No. with class category, if any 1. 2. 3.
5. Names and titles of Directors & Officers with designation to be concerned with this work. 6. Designation of individuals authorized to act for the organization 7. Was the bidder ever required to suspend construction for a period of more than six months
continuously after he commenced the construction? If so, give the name for the project and reasons for suspension of work.
8. Has the bidder, or any constituent partner in case of partnership firm, ever abandoned the awarded work before its completion? If so, give name of the project and reasons for abandonment.
9. Has the bidder, or any constituent partner in case of partnership firm, ever been debarred/black listed for tendering in any organization at any time? If so, give details
10. Has the bidder, or any constituent partner in case of partnership firm, ever been convicted by the court
of law? If so, give details. 11. In which field of Civil Engineering , the bidder has specialization and interest? 12. Any other information considered necessary but not included at above.
Signature of Bidder(s)
Page 22 of 23
FORM ‘G’
DETAILS OF TECHNICAL & ADMINISTRATIVE PERSONNEL TO BE EMPLOYED FOR THE WORK
S.No. Designation Total Number Name Qualifications Professional How Remarks number available experience He/she for this and details would work of work be carried out involeved in this work
1 2 3 4 5 6 7 8 9
Signature of Bidder(s)
Page 23 of 23
FORM ‘H’
DETAILS OF PLANT MACHINERY AND EQUIPMENT LIKELY
TO BE USED IN CARRYING OUT THE WORK S.No. Name of equipment Nos. Capa- Age Condition Ownership status Current Remarks city or Prese- Leased To be location type ntly purch- owned ased
1 2 3 4 5 6 7 8 9 10 11
Page 1 of 77
NATIONAL INSTITUTE OF DESIGN
TENDER
I/We have read and examined the notice inviting tender, schedule, A, B, C, D, E & F
Specifications applicable, Drawings & Designs, General Rules and Directions, Conditions
of Contract, clauses of contract, Special conditions, Schedule of Rate & other documents
and Rules referred to in the conditions of contract and all other contents in the tender
document for the work.
I/We hereby tender for the execution of the work specified for the NID Authority within the
time specified in Schedule „F‟ viz., schedule of quantities and in accordance in all respect
with the specifications, designs, drawing and instructions in writing referred to in Rule-1 of
General Rules and Directions and in Clause 11 of the Conditions of contract and with such
materials as are provided for, by, and in respect of accordance with, such conditions so far
as applicable.
We agree to keep the tender open for thirty/ forty five/ sixty/ ninety (30/45/60/90) days
from the due date of its opening in case of single bid system / Ninety(90) days from the
date of opening of technical bid in case tenders are invited on 2 bid/envelop system/ One
hundred twenty(120) days from the date of opening of technical bid in case bids are
invited on 3 bid/envelop system for specialized work (strike out as the case may be) and
not to make any modification in its terms and conditions.
A sum of Rs. …………………………………… is hereby forwarded in cash/receipt treasury challan / deposit at call receipt of a scheduled bank/fixed deposit receipt of scheduled bank/demand draft of a scheduled bank/bank guarantee issued by a scheduled bank as earnest money. the prescribed performance guarantee within prescribed period, I/We agree that the said
NID Authority or his successors, in office shall without prejudice to any other right or
remedy, be at liberty to forfeit the said earnest money absolutely. Further, if I/We fail to
commence work as specified, I/ We agree that NID Authority or the successors in office
shall without prejudice to any other right or remedy available in law, be at liberty to forfeit
the said performance guarantee absolutely. The said Performance Guarantee shall be a
guarantee to execute all the works referred to in the tender documents upon the terms and
conditions contained or referred to those in excess of that limit at the rates to be
determined in accordance with the provision contained in Clause 12.2 and 12.3 of the
tender form.
Further, I/We agree that in case of forfeiture of Earnest Money or Performance Guarantee
Page 2 of 77
as aforesaid, I/We shall be debarred for participation in the re-tendering process of the
work.
I/We undertake and confirm that eligible similar work(s) has/have not been got executed
through another contractor on back to back basis. Further that, if such a violation comes to
the notice of Department, then I/We shall be debarred for tendering in CPWD in future
forever. Also, if such a violation comes to the notice of Department before date of start of
work, the Engineer-in-Charge shall be free to forfeit the entire amount of Earnest Money
Deposit/Performance Guarantee.
I/We hereby declare that I/We shall treat the tender documents drawings and other
records connected with the work as secret/confidential documents and shall not
communicate information/derived there from to any person other than a person to whom
I/We am/are authorized to communicate the same or use the information in any manner
prejudicial to the safety of the State.
Dated witness: Signature of contractor
Postal Address
Address: Occupation:
Page 3 of 77
NATIONAL INSTITUTE OF DESIGN
GENERAL CONDITION OF CONTRACT
General Rules &Directions
1. All work proposed for execution by contract will be notified in a form of invitation to tender
pasted in public places and signed by the officer inviting tender or by publication in News
papers or posted on website as the case may be.
This form will state the work to be carried out, as well as the date for submitting and
opening tenders and the time allowed for carrying out the work, also the amount of earnest
money to be deposited with the tender, and the amount of the security deposit and
Performance guarantee to be deposited by the successful tenderer and the percentage, if
any, to be deducted from bills. Copies of the specifications, designs and drawings and any
other documents required in connection with the work signed for the purpose of
identification by the officer inviting tender shall also be open for inspection by the
contractor at the office of officer inviting tender during office hours.
2. In the event of the tender being submitted by a firm, it must be signed separately by each
partner thereof or in the event of the absence of any partner, it must be signed on his behalf by a person holding a power-of attorney authorizing him to do so, such power of attorney to be produced with the tender, and it must disclose that the firm is duly registered under the Indian Partnership Act, 1952.
3. Receipts for payment made on account of work, when executed by a firm, must also be signed by all the partners, except where contractors are described in their tender as a firm, in which case the receipts must be signed in the name of the firm by one of the partners, or by some other person having due authority to give effectual receipts for the firm.
Applicable for Item Rate Tender only (CPWD - 8)
4. Any person who submits a tender shall fill up the usual printed form, stating at what rate
he is willing to undertake each item of the work. Tenders, which propose any alteration in the work specified in the said form of invitation to tender, or in the time allowed for carrying out the work, or which contain any other conditions of any sort, including conditional rebates, will be summarily rejected. No single tender shall include more than one work, but contractors who wish to tender for two or more works shall submit separate tender for each. Tender shall have the name and number of the works to which they refer, written on the envelopes.
Page 4 of 77
The rate(s) must be quoted in decimal coinage. Amounts must be quoted in full rupees by ignoring fifty paisa and considering more than fifty paisa as rupee one. In case the lowest tendered amount (worked out on the basis of quoted rate of Individual items) of two or more contractors is same, then such lowest contractors may be asked to submit sealed revised offer quoting rate of each item of the schedule of quantity for all subsections/sub heads as the case may be, but the revised quoted rate of each item of schedule of quantity for all sub sections/sub heads should not be higher than their respective original rate quoted already at the time of submission of tender. The lowest tender shall be decided If the revised tendered amount (worked out on the basis of quoted rate of individual items)of two or more contractors received in revised offer is again found to be equal, then the lowest tender, among such contractors, shall be decided by draw of lots in the presence of the authorised officers / concerned officer of NID and the lowest contractors those have quoted equal amount of their tenders. In case of any such lowest contractor in his revised offer quotes rate of any item more than their respective original rate quoted already at the time of submission of tender, then such revised offer shall be treated invalid. Such case of revised offer of the lowest contractor or case of refusal to submit revised offer by the lowest contractor shall be treated as withdrawal of his tender before acceptance and 50% of his earnest money shall be forfeited. In case all the lowest contractors those have same tendered amount (as a result of their quoted rate of individual items), refuse to submit revised offers, then tenders are to be recalled after forfeiting 50% of EMD of each lowest contractors. Contractor, whose earnest money is forfeited because of non-submission of revised offer, or quoting higher revised rate(s) of any item(s) than their respective original rate quoted already at the time of submission of his bid shall not be allowed to participate in the retendering process of the work.
4 A. Applicable for Percentage Rate Tender only (CPWD-7)
In case of Percentage Rate Tenders, contractor shall fill up the usual printed form, stating at what percentage below/above (in figures as well as in words) the total estimated cost given in Schedule of Quantities at Schedule-A, he will be willing to execute the work. The tender submitted shall be treated as invalid if :- 1. The contractor does not quote percentage above/below on the total amount of tender
or any section/sub head of the tender. 2. The percentage above/below is not quoted in figures & words both on the total amount
of tender or any section/sub head of the tender. 3. The percentage quoted above/below is different in figures & words on the total amount
of tender or any section/sub head of the tender.
Tenders, which propose any alteration in the work specified in the said form of invitation to tender, or in the time allowed for carrying out the work, or which contain any other conditions of any sort including conditional rebates, will be summarily rejected. No single tender shall include more than one work, but contractors who wish to tender for two or more works shall submit separate tender for each. Tender shall have the name and number of the works to which they refer, written on the envelopes.
Page 5 of 77
4B. In case the lowest tendered amount (estimated cost + amount worked on the basis of percentage above/below) of two or more contractors is same, such lowest contractors will be asked to submit sealed revised offer in the form of letter mentioning percentage above/ below on estimated cost of tender including all sub sections/sub heads as the case maybe, but the revised percentage quoted above/below on tendered cost or on each sub section/sub head should not be higher than the percentage quoted at the time of submission of tender. The lowest tender shall be decided on the basis of revised offers. In case any of such contractor refuses to submit revised offer, then it shall be treated as withdrawal of his tender before acceptance and 50% of earnest money shall be forfeited. If the revised tendered amount of two more contractors received in revised offer is again found to be equal, the lowest tender, among such contractors, shall be decided by the authorised officers / concerned officer of NID & the lowest contractors those have quoted equal amount of their tenders In case all the lowest contractors those have quoted same tendered amount, refuse to submit revised offers, then tenders are to be recalled after forfeiting 50% of EMD of each contractor. Contractor(s), whose earnest money is forfeited because of non-submission of revised offer, shall not be allowed to participate in the re-tendering process of the work.
5. The officer inviting tender or his duly authorized assistant, will open tenders in the presence of any intending contractors who may be present at the time, and will enter the amounts of the several tenders in a comparative statement in a suitable form. In the event of a tender being accepted, a receipt for the earnest money shall thereupon be given to the contractor who shall thereupon for the purpose of identification sign copies of the specifications and other documents mentioned in Rule-I. In the event of a tender being rejected, the earnest money shall thereupon be returned to the contractor remitting the same, without any interest.
6. The officer inviting tenders shall have the right of rejecting all or any of the tenders and will not be bound to accept the lowest or any other tender.
7. The receipt of an accountant or clerk for any money paid by the contractor will not be considered as any acknowledgment or payment to the officer inviting tender and the contractor shall be responsible for seeing that he procures a receipt signed by the officer inviting tender or a duly authorized Cashier.
8. The memorandum of work tendered for and the schedule of materials to be supplied by the department and their issue-rates, shall be filled and completed in the office of the officer inviting tender before the tender form is issued. If a form is issued to an intending bidder without having been so filled in and incomplete, he shall request the officer to have this done before he completes and delivers his tender.
9. The bidders shall sign a declaration under the officials Secret Act 1923, for maintaining
secrecy of the tender documents drawings or other records connected with the work given to them. The unsuccessful bidders shall return all the drawings given to them.
9A Use of correcting fluid, anywhere in tender document is not permitted. Such tender is liable
for rejection.
Page 6 of 77
Applicable for Item Rate Tender only (CPWD - 8)
10. In the case of Item Rate Tenders, only rates quoted shall be considered. Any tender
containing percentage below/above the rates quoted is liable to be rejected. Rates quoted by the contractor in item rate tender in figures and words shall be accurately filled in so that there is no discrepancy in the rates written in figures and words. However, if a discrepancy is found, the rates which correspond with the amount worked out by the contractor shall unless otherwise proved be taken as correct. If the amount of an item is not worked out by the contractor or it does not correspond with the rates written either in figures or in words, then the rates quoted by the contractor in words shall be taken as correct. Where the rates quoted by the contractor in figures and in words tally, but the amount is not worked out correctly, the rates quoted by the contractor will unless otherwise proved be taken as correct and not the amount. In event no rate has been quoted for any item(s), leaving space both in figure(s), word(s), and amount blank, it will be presumed that the contractor has included the cost of this/these item(s) in other items and rate for such item(s) will be considered as zero and work will be required to be executed accordingly.
Applicable for percentage Rate Tender only (CPWD - 7)
10A. In case of Percentage Rate Tenders only percentage quoted shall be considered. Any
tender containing item rates is liable to be rejected. Percentage quoted by the contractor in percentage rate tender shall be accurately filled in figures and words, so that there is no discrepancy.
11. In the case of any tender where unit rate of any item/items appear unrealistic, such tender will be considered as unbalanced and in case the tenderer is unable to provide satisfactory explanation, such a tender is liable to be disqualified and rejected.
Applicable for Item Rate Tender only (CPWD - 8)
12. All rates shall be quoted on the tender form. The amount for each item should be worked
out and requisite totals given. Special care should be taken to write the rates in figures as well as in words and the amount in figures only, in such a way that interpolation is not possible. The total amount should be written both in figures and in words. In case of figures, the word „Rs.‟ should be written before the figure of rupees and word „P‟ after the decimal figures, e.g. „Rs. 2.15 P‟ and in case of words, the word, „Rupees‟ should precede and the word „Paise‟ should be written at the end. Unless the rate is in whole rupees and followed by the word „only‟ it should invariably be upto two decimal places. While quoting the rate in schedule of quantities, the word „only‟ should be written closely following the amount and it should not be written in the next line.
Applicable for percentage Rate Tender only (CPWD - 7)
12 A. In Percentage Rate Tender, the bidder shall quote percentage below/above (in figures as
well as in words) at which he will be willing to execute the work. He shall also work out the total amount of his offer and the same should be written in figures as well as in words in such a way that no interpolation is possible. In case of figures, the word „Rs.‟ should be written before the figure of rupees and word „P‟ after the decimal figures, e.g. „Rs. 2.15P and in case of words, the word „Rupees‟ should precede and the word „Paisa‟ should be written at the end.
Page 7 of 77
13. (i) Deleted
(ii)The contractor whose tender is accepted will also be required to furnish by way of Security Deposit for the fulfillment of his contract, an amount equal to 5% of the tendered value of the work. The Security deposit will be collected by deductions from the running bills as well as final bill of the contractor at the rates mentioned above. The Security amount will also be accepted of a scheduled bank demand draft.
14. On acceptance of the tender, the name of the accredited representative(s) of the
contractor who would be responsible for taking instructions from the Engineer-in-Charge shall be communicated in writing to the Engineer-in-Charge.
15. Sales-tax/VAT (except service tax), purchase tax, turnover tax or any other tax applicable
in respect of this contract shall be payable by the Contractor and Government will not entertain any claim whatsoever in respect of the same. However, in respect of service tax, same shall be paid by the contractor to the concerned department on demand and it will be reimbursed to him by the Engineer-in-Charge after satisfying that it has been actually and genuinely paid by the contractor.
16. The contractor shall give a list of NID employees related to him. 17. The tender for the work shall not be witnessed by a contractor or contractors who himself/
themselves has/have tendered or who may and has/have tendered for the same work. Failure to observe this condition would render, tenders of the contractors tendering, as well as witnessing the tender, liable to summary rejection.
18. The tender for composite work includes, in addition to building work, all other works such
as sanitary and water supply installations drainage installation, electrical work, horticulture work, roads and paths etc. The bidder apart from being a registered contractor (B&R) of appropriate class, must associate himself with agencies of appropriate class which are eligible to tender for sanitary and water supply drainage, electrical and horticulture works in the composite tender.
19. The contractor shall submit list of works which are in hand (progress) in the following
form:-
20. The contractor shall comply with the provisions of the Apprentices Act 1961, and the rules and orders issued there under from time to time. If he fails to do so, his failure will be a breach of the contract and the competent authority of NID may at his discretion, without
Name of work Name and particulars of Divn Value of Position of Remarks where work is being executed work works in progress
1. 2. 3. 4. 5.
Page 8 of 77
prejudice to any other right or remedy available in law, cancel the contract. The contractor shall also be liable for any pecuniary liability arising on account of any violation by him of the provisions of the said Act.
Page 9 of 77
CONDITIONS OF CONTRACT
Definitions
1. The Contract means the documents forming the tender and acceptance thereof and the formal agreement executed between the competent authority on behalf of the authority NID Authority and the Contractor, together with the documents referred to therein including these conditions, the specifications, designs, drawings and instructions issued from time to time by the Engineer-in Charge and all these documents taken together, shall be deemed to form one contract and shall be complementary to one another.
2. In the contract, the following expressions shall, unless the context otherwise requires, have the meanings, hereby respectively assigned to them:-
(i) The expression works or work shall, unless there be something either in the subject or context repugnant to such construction, be construed and taken to mean the works by or by virtue of the contract contracted to be executed whether temporary or permanent, and whether original, altered, substituted or additional.
(ii) The Site shall mean the land/or other places on, into or through which work is to be executed under the contract or any adjacent land, path or street through which work is to be executed under the contract or any adjacent land, path or street which may be allotted or used for the purpose of carrying out the contract.
(iii) The Contractor shall mean the individual, firm or company, whether incorporated
or not, undertaking the works and shall include the legal personal representative of such individual or the persons composing such firm or company, or the successors of such firm or company and the permitted assignees of such individual, firm or company.
(iv) The Engineer-in-charge means the Engineer Officer who shall supervise and be In-charge of the work and who shall sign the contract on behalf of the NID Authority as mentioned in Schedule „F‟ hereunder.
(v) NID or NID Authority shall mean the NID Authority.
(vi) Accepting Authority shall mean the authority mentioned in Schedule „F‟.
(vii) Excepted Risk are risks due to riots (other than those on account of contractor‟s
employees), war (whether declared or not) invasion, act of foreign enemies, hostilities, civil war, rebellion revolution, insurrection, military or usurped power, any acts of Government, damages from aircraft, acts of God, such as earthquake, lightening and unprecedented floods, and other causes over which the contractor has no control and accepted as such by the Accepting Authority or causes solely due to use or occupation by Government of the part of the works in respect of which a certificate of completion has been issued or a cause solely due to Government‟s faulty design of works.
(viii) Market Rate shall be the rate as decided by the Engineer-in-Charge on the basis
of the cost of materials and labour at the site where the work is to be executed plus the percentage mentioned in Schedule „F‟ to cover, all overheads and profits.
Page 10 of 77
(ix) Schedule(s) referred to in these conditions shall mean the relevant schedule(s) annexed to the tender papers or the standard Schedule of Rates of the NID mentioned in Schedule „F‟ hereunder, with the amendments thereto issued upto the date of receipt of the tender.
(x) Department means department which invites tenders on behalf of NID Authority as
specified in schedule „F‟. (xi) District Specifications means the specifications followed by the State
Government in the area where the work is to be executed. (xii) Tendered value means the value of the entire work as stipulated in the letter of
award. (xiii) Date of commencement of work: The date of commencement of work shall be
the date of start as specified in schedule „F‟ or the first date of handing over of the site, whichever is later, in accordance with the phasing if any, as indicated in the tender document.
Scope and Performance
3. Where the context so requires, words imparting the singular only also include the plural
and vice versa. Any reference to masculine gender shall whenever required include
feminine gender and vice versa.
4. Headings and Marginal notes to these General Conditions of Contract shall not be
deemed to form part thereof or be taken into consideration in the interpretation or
construction thereof or of the contract.
5. The contractor shall be furnished, free of cost one certified copy of the contract documents
except standard specifications, Schedule of Rates and such other printed and published
documents, together with all drawings as may be forming part of the tender papers. None
of these documents shall be used for any purpose other than that of this contract.
Works to be carried out
6. The work to be carried out under the Contract shall, except as otherwise provided in these
conditions, include all labour, materials, tools, plants, equipment and transport which may
be required in preparation of and for and in the full and entire execution and completion of
the works. The descriptions given in the Schedule of Quantities (Schedule- A) shall, unless
otherwise stated, be held to include wastage on materials, carriage and cartage, carrying
and return of empties, hoisting, setting, fitting and fixing in position and all other labours
necessary in and for the full and entire execution and completion of the work as aforesaid
in accordance with good practice and recognized principles.
Sufficiency of Tender
7. The Contractor shall be deemed to have satisfied himself before tendering as to the
correctness and sufficiency of his tender for the works and of the rates and prices quoted
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in the Schedule of Quantities, which rates and prices shall, except as otherwise provided,
cover all his obligations under the Contract and all matters and things necessary for the
proper completion and maintenance of the works.
Discrepancies and Adjustment of Errors
8. The several documents forming the Contract are to be taken as mutually explanatory of
one another, detailed drawings being followed in preference to small scale drawing and
figured dimensions in preference to scale and special conditions in preference to General
Conditions.
8.1 In the case of discrepancy between the schedule of Quantities, the Specifications and/ or
the Drawings, the following order of preference shall be observed:-
(i) Description of Schedule of Quantities. (ii) Particular Specification and Special Condition, if any. (iii) Drawings. (iv) CPWD Specifications. (v) Indian Standard Specifications of B.I.S.
8.2 If there are varying or conflicting provisions made in any one document forming part of the
contract, the Accepting Authority shall be the deciding authority with regard to the intention
of the document and his decision shall be final and binding on the contractor.
8.3 Any error in description, quantity or rate in Schedule of Quantities or any omission there
from shall not vitiate the Contract or release the Contractor from the execution of the
whole or any part of the works comprised therein according to drawings and specifications
or from any of his obligations under the contract.
Signing of Contract
9. The successful bidder /contractor, on acceptance of his tender by the Accepting Authority,
shall, within 15 days from the stipulated date of start of the work, sign the contract
consisting of:-
(i) the notice inviting tender, all the documents including drawings, if any, forming the tender as issued at the time of invitation of tender and acceptance thereof together with any correspondence leading thereto.
(ii) Standard C.P.W.D. Form as mentioned in Schedule „F‟ consisting of:
(a) Various standard clauses with corrections up to the date stipulated in
Schedule „F‟ along with annexure thereto.
(b) C.P.W.D. Safety Code.
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(c) Model Rules for the protection of health, sanitary arrangements for workers
employed by CPWD or its contractors.
(d) CPWD Contractor‟s Labor Regulations.
(e) List of Acts and omissions for which fines can be imposed.
(i) No payment for the work done will be made unless contract is signed by the contractor.
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CLAUSES OF CONTRACT
CLAUSE 1 Performance Guarantee - Deleted
(i) The contractor shall submit an irrevocable Performance Guarantee of 5% (Five percent) of the
tendered amount in addition to other deposits mentioned elsewhere in the contract for his proper
performance of the contract agreement, (not withstanding and/or without prejudice to any other
provisions in the contract) within period specified in Schedule ‘F’ from the date of issue of letter of
acceptance. This period can be further extended by the Engineer-in-Charge up to a maximum period
as specified in schedule ‘F’ on written request of the contractor stating the reason for delays in
procuring the Performance Guarantee, to the satisfaction of the Engineer-in-Charge. This guarantee
shall be in the form of Cash (in case guarantee amount is less than Rs. 10,000/-) or Deposit at Call
receipt of any scheduled bank/Banker’s Cheque of any scheduled bank/Demand Draft of any
scheduled bank/Pay Order of any scheduled bank (in case guarantee amount is less than Rs.
1,00,000/-) or Government Securities or Fixed Deposit Receipts or Guarantee Bonds of any Scheduled
Bank or the State Bank of India in accordance with the form annexed hereto. In case a fixed deposit
receipt of any Bank is furnished by the contractor to the Government as part of the performance
guarantee and the Bank is unable to make payment against the said fixed deposit receipt, the loss
caused thereby shall fall on the contractor and the contractor shall forthwith on demand furnish
additional security to the Government to make good the deficit.
(ii) The Performance Guarantee shall be initially valid up to the stipulated date of completion plus 60
days beyond that. In case the time for completion of work gets enlarged, the contractor shall get
the validity of Performance Guarantee extended to cover such enlarged time for completion of
work. After recording of the completion certificate for the work by the competent authority, the
performance guarantee shall be returned to the contractor, without any interest. However, in case
of contracts involving maintenance of building and services/any other work after construction of
same building and services/other work, then 50% of Performance Guarantee shall be retained as
Security Deposit. The same shall be returned yearwise proportionately.
(iii) The Engineer-in-Charge shall not make a claim under the performance guarantee except for
amounts to which the President of India is entitled under the contract (not withstanding and/or
without prejudice to any other provisions in the contract agreement) in the event of:
(a) Failure by the contractor to extend the validity of the Performance Guarantee as described
herein above, in which event the Engineer-in-Charge may claim the full amount of the
Performance Guarantee.
(b) Failure by the contractor to pay President of India any amount due, either as agreed by the
contractor or determined under any of the Clauses/Conditions of the agreement, within 30
days of the service of notice to this effect by Engineer-in-Charge.
(iv) In the event of the contract being determined or rescinded under provision of any of the
Clause/Condition of the agreement, the performance guarantee shall stand forfeited in full and
shall be absolutely at the disposal of the President of India.
CLAUSE 1 A
Recovery of Security Deposit The person/persons whose tender(s) may be accepted (hereinafter called the contractor)
shall permit NID authority at the time of making any payment to him for work done under
the contract to deduct a sum at the rate of 10% of the gross amount of each running and
final bill till the sum deducted will amount to security deposit of 10% of the tendered value
of the work. Such deductions will be made and held by NID authority by way of Security
Deposit unless he/they has/have deposited the amount of Security at the rate mentioned
Page 14 of 77
above in cash or in the form of Government Securities or fixed deposit receipts. In case a
fixed deposit receipt of any Bank is furnished by the contractor to the NID authority as part
of the security deposit and the Bank is unable to make payment against the said fixed
deposit receipt, the loss caused thereby shall fall on the contractor and the contractor shall
forthwith on demand furnish additional security to the NID to make good the deficit.
All compensations or the other sums of money payable by the contractor under the terms
of this contract may be deducted from, or paid by the sale of a sufficient part of his
security deposit or from the interest arising there from, or from any sums which may be
due to or may become due to the contractor by NID authority on any account whatsoever
and in the event of his Security Deposit being reduced by reason of any such deductions
or sale as aforesaid, the contractor shall within 10 days make good in cash or fixed
deposit receipt tendered by the State Bank of India or by Scheduled Banks or Government
Securities (if deposited for more than 12 months) endorsed in favor of the Engineer-in-
Charge, any sum or sums which may have been deducted from, or raised by sale of his
security deposit or any part thereof. The security deposit shall be collected from the
running bills and the final bill of the contractor at the rates mentioned above.
The security deposit as deducted above can be released against bank guarantee issued
by a scheduled bank, on its accumulations to a minimum of Rs. 5 lac subject to the
condition that amount of such bank guarantee, except last one, shall not be less than Rs.
5 lac. Provided further that the validity of bank guarantee including the one given against
the earnest money shall be in conformity with provisions contained in clause 17 which
shall be extended from time to time depending upon extension of contract granted under
provisions of clause 2 and clause 5.
In case of contracts involving maintenance of building and services/any other work after
construction of same building and services/other work, then 50% of Performance
Guarantee shall be retained as Security Deposit. The same shall be returned year wise
proportionately.
Note-1: NID papers tendered as security will be taken at 5% (five per cent) below its
market price or at its face value, whichever is less. The market price of NID paper would
be ascertained by the Divisional Officer at the time of collection of interest and the amount
of interest to the extent of deficiency in value of the NID paper will be withheld if
necessary.
Note-2: Government Securities will include all forms of Securities mentioned in Rule No.
274of the G.F. Rules except fidelity bond. This will be subject to the observance of the
condition mentioned under the rule against each form of security.
Note-3: Note 1 & 2 above shall be applicable for both clause 1 and 1A
CLAUSE 2
Compensation for Delay
If the contractor fails to maintain the required progress in terms of clause 5 or to complete
the work and clear the site on or before the contract or extended date of completion, he
shall, without prejudice to any other right or remedy available under the law to the
Government on account of such breach, pay as agreed compensation the amount
calculated at the rates stipulated below as the authority specified in schedule „F‟ (whose
decision in writing shall be final and binding) may decide on the amount of tendered value
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of the work for every completed day/month (as applicable) that the progress remains
below that specified in Clause 5 or that the work remains incomplete. This will also apply
to items or group of items for which a separate period of completion has been specified.
(i) Compensation @ 1.5 % per month of delay for delay of work to be computed on per day basis Provided always that the total amount of compensation for delay to be paid under this Condition shall not exceed 10% of the Tendered Value of work or of the Tendered Value of the item or group of items of work for which a separate period of completion is originally given.
The amount of compensation may be adjusted or set-off against any sum payable to the Contractor under this or any other contract with the NID Authority. In case, the contractor does not achieve a particular milestone mentioned in schedule F, or the re-scheduled milestone(s) in terms of Clause 5.4, the amount shown against that milestone shall be withheld, to be adjusted against the compensation levied at the final grant of Extension of Time. With-holding of this amount on failure to achieve a milestone, shall be automatic without any notice to the contractor. However, if the contractor catches up with the progress of work on the subsequent milestone(s), the withheld amount shall be released. In case the contractor fails to make up for the delay in subsequent milestone(s), amount mentioned against each milestone missed subsequently also shall be withheld. However, no interest, whatsoever, shall be payable on such withheld amount.
CLAUSE 2A
Incentive for early completion
In case, the contractor completes the work ahead of updated stipulated date of completion considering the effect of extra work (to be calculated on pro-rata basis as cost of extra work X stipulated period/tendered cost), a bonus @ 1% (one per cent) of the tendered value per month computed on per day basis, shall be payable to the contractor, subject to a maximum limit of 5% (five per cent) of the tendered value. The amount of bonus, if payable, shall be paid along with final bill after completion of work. Provided always that provision of the Clause 2A shall be applicable only when so provided in „Schedule F‟.
CLAUSE 3
When Contract can be Determined Subject to other provisions contained in this clause, the Engineer-in-Charge may, without
prejudice to his any other rights or remedy against the contractor in respect of any delay,
inferior workmanship, any claims for damages and/or any other provisions of this contract
or otherwise, and whether the date of completion has or has not elapsed, by notice in
writing absolutely determine the contract in any of the following cases:
(i) If the contractor having been given by the Engineer-in-Charge a notice in writing to rectify, reconstruct or replace any defective work or that the work is being performed in an inefficient or otherwise improper or unworkman like manner shall omit to comply with the requirement of such notice for a period of seven days thereafter.
(ii) If the contractor has, without reasonable cause, suspended the progress of the work or has failed to proceed with the work with due diligence so that in the opinion of the Engineer-in-Charge (which shall be final and binding) he will be unable to
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secure completion of the work by the date for completion and continues to do so after a notice in writing of seven days from the Engineer-in-Charge.
(iii) If the contractor fails to complete the work within the stipulated date or items of work with individual date of completion, if any stipulated, on or before such date(s) of completion and does not complete them within the period specified in a notice given in writing in that behalf by the Engineer-in-Charge.
(iv) If the contractor persistently neglects to carry out his obligations under the contract and/ or commits default in complying with any of the terms and conditions of the contract and does not remedy it or take effective steps to remedy it within 7 days after a notice in writing is given to him in that behalf by the Engineer-in-Charge.
(v) If the contractor shall offer or give or agree to give to any person in NID authority service or to any other person on his behalf any gift or consideration of any kind as an inducement or reward for doing or forbearing to do or for having done or forborne to do any act in relation to the obtaining or execution of this or any other contract for NID.
(vi) If the contractor shall enter into a contract with NID in connection with which commission has been paid or agreed to be paid by him or to his knowledge, unless the particulars of any such commission and the terms of payment thereof have been previously disclosed in writing to the Engineer-in-Charge.
(vii) If the contractor had secured the contract with NID as a result of wrong tendering or other non-bonafide methods of competitive tendering or commits breach of Integrity Agreement.
(viii) If the contractor being an individual, or if a firm, any partner thereof shall at any time be adjudged insolvent or have a receiving order or order for administration of his estate made against him or shall take any proceedings for liquidation or composition (other than a voluntary liquidation for the purpose of amalgamation or reconstruction) under any Insolvency Act for the time being in force or make any conveyance or assignment of his effects or composition or arrangement for the benefit of his creditors or purport so to do, or if any application be made under any Insolvency Act for the time being in force for the sequestration of his estate or if a trust deed be executed by him for benefit of his creditors.
(ix) If the contractor being a company shall pass a resolution or the court shall make an order that the company shall be wound up or if a receiver or a manager on behalf of a creditor shall be appointed or if circumstances shall arise which entitle the court or the creditor to appoint a receiver or a manager or which entitle the court to make a winding up order.
(x) If the contractor shall suffer an execution being levied on his goods and allow it to be continued for a period of 21 days.
(xi) If the contractor assigns, transfers, sublets (engagement of labor on a piece-work
basis or of labor with materials not to be incorporated in the work, shall not be deemed to be subletting) or otherwise parts with or attempts to assign, transfer, sublet or otherwise parts with the entire works or any portion thereof without the prior written approval of the Engineer -in-Charge.
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When the contractor has made himself liable for action under any of the cases aforesaid, the Engineer-in-Charge on behalf of the NID Authority shall have powers:
(a) To determine the contract as aforesaid (of which termination notice in writing to
the contractor under the hand of the Engineer-in-Charge shall be conclusive evidence). Upon such determination, the Security Deposit already recovered and Performance Guarantee under the contract shall be liable to be forfeited and shall be absolutely at the disposal of the Government
(b) After giving notice to the contractor to measure up the work of the contractor and to take such whole, or the balance or part thereof, as shall be un-executed out of his hands and to give it to another contractor to complete the work. The contractor, whose contract is determined as above, shall not be allowed to participate in the tendering process for the balance work.
In the event of above courses being adopted by the Engineer-in-Charge, the contractor
shall have no claim to compensation for any loss sustained by him by reasons of his
having purchased or procured any materials or entered into any engagements or made
any advances on account or with a view to the execution of the work or the performance of
the contract. And in case action is taken under any of the provision aforesaid, the
contractor shall not be entitled to recover or be paid any sum for any work thereof or
actually performed under this contract unless and until the Engineer-in-Charge has
certified in writing the performance of such work and the value payable in respect thereof
and he shall only be entitled to be paid the value so certified.
CLAUSE 3A
In case, the work cannot be started due to reasons not within the control of the contractor
within 1/8th of the stipulated time for completion of work or one month whichever is higher,
either party may close the contract. In case contractor wants to close the contract, he shall
give notice to the department stating the failure on the part of department. In such
eventuality, the Performance Guarantee / Security Deposit of the contractor shall be
refunded within following time limits :
(i) If the Tendered value of work is up to Rs. 45 lac :15 days.
(ii) If the Tendered value of work is more than Rs. 45 lac and up to Rs. 2.5 Crore :
21 days.
(iii) If the Tendered value of work exceeds Rs. 2.5 Crore : 30 days.
If Performance Guarantee/Security Deposite is not released within prescribed time
limit, then a simple interest @ 0.25% per month shall be payable on Performance
Guarantee amount to the contractor from the date of expiry of prescribed time limit. A
compensation for such eventuality, on account of damages etc. shall be payable @
0.25% of tendered amount subject to maximum limit of Rs. 10 lacs.
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CLAUSE 4
Contractor liable to pay Compensation even if action not taken under Clause 3
In any case in which any of the powers conferred upon the Engineer-in-Charge by Clause-
3 thereof, shall have become exercisable and the same are not exercised, the non-
exercise thereof shall not constitute a waiver of any of the conditions hereof and such
powers shall notwithstanding be exercisable in the event of any future case of default by
the contractor and the liability of the contractor for compensation shall remain unaffected.
In the event of the Engineer-in-Charge putting in force all or any of the powers vested in
him under the preceding clause he may, if he so desires after giving a notice in writing to
the contractor, take possession of (or at the sole discretion of the Engineer-in-Charge
which shall be final and binding on the contractor) use as on hire (the amount of the hire
money being also in the final determination of the Engineer-in-Charge) all or any tools,
plant, materials and stores, in or upon the works, or the site thereof belonging to the
contractor, or procured by the contractor and intended to be used for the execution of the
work/or any part thereof, paying or allowing for the same in account at the contract rates,
or, in the case of these not being applicable, at current market rates to be certified by the
Engineer-in-Charge, whose certificate thereof shall be final, and binding on the contractor,
clerk of the works, foreman or other authorized agent to remove such tools, plant,
materials, or stores from the premises (within a time to be specified in such notice) in the
event of the contractor failing to comply with any such requisition, the Engineer-in-Charge
may remove them at the contractor‟s expense or sell them by auction or private sale on
account of the contractor and his risk in all respects and the certificate of the Engineer-in-
Charge as to the expenses of any such removal and the amount of the proceeds and
expenses of any such sale shall be final and conclusive against the contractor.
CLAUSE 5
The time allowed for execution of the Works as specified in the Schedule „F‟ or the
extended time in accordance with these conditions shall be the essence of the Contract.
The execution of the works shall commence from such time period as mentioned in
schedule „F‟ or from the date of handing over of the site whichever is later. If the
Contractor commits default in commencing the execution of the work as aforesaid, NID
shall without prejudice to any other right or remedy available in law, be at liberty to forfeit
the performance guarantee absolutely.
Time and Extension for Delay
As soon as possible after the Contract is concluded, the Contractor shall submit a Time
and Progress Chart for each mile stone and get it approved by the Engineer In Charge.
The Chart shall be prepared in direct relation to the time stated in the Contract documents
for completion of items of the works. It shall indicate the forecast of the dates of
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commencement and completion of various trades of sections of the work and may be
amended as necessary by agreement between the Engineer-in-Charge and the Contractor
within the limitations of time imposed in the Contract documents, and further to ensure
good progress during the execution of the work, the contractor shall in all cases in which
the time allowed for any work, exceeds one month (save for special jobs for which a
separate programme has been agreed upon) complete the work as per mile stones given
in Schedule „F‟.
(a) Project Management shall be done by using project management software for
works costing more than Rs. 5 Crore.
(b) The project management shall be done using M.S. Project software for works
costing more than Rs. 5 Crore and up to Rs. 20 Crore. For works costing more than
Rs. 20 Crore, project management shall be done using Primavera Software.
PROGRAMME CHART
(i) The Contractor shall prepare an integrated programme chart in MS Project/Primavera
software for the execution of work, showing clearly all activities from the start of work
to completion, with details of manpower, equipment and machinery required for the
fulfillment of the programme within the stipulated period or earlier and submit the same
for approval to the Engineer-in- Charge within ten days of award of the contract. A
recovery of Rs. 2500/- (for works costing upto Rs. 20 Crores) / Rs. 5000/- (for works
costing more than Rs. 20 Crores) shall be made on per day basis in case of delay in
submission of the above programme.
(ii) The programme chart should include the following:
(a) Descriptive note explaining sequence of the various activities. (b) Network (PERT / CPM / BAR CHART). (c) Programme for procurement of materials by the contractor.
Programme of procurement of machinery / equipments having adequate capacity,
commensurate with the quantum of work to be done within the stipulated period, by the
contractor. In addition to above, to achieve the progress of Work as per programme, the
contractor must bring at site adequate shuttering material required for cement concrete
and R.C.C. works etc. for three floors within one month from the date of start of work till
the completion of RCC work as per requirement of work. The contractor shall submit
shuttering schedule adequate to complete structure work within laid down physical
milestone.
(iii) If at any time, it appears to the Engineer-in-Charge that the actual progress of work
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does not conform to the approved programme referred above or after rescheduling of
milestones, the contractor shall produce a revised programme within 7 (seven) days,
showing the modifications to the approved programme to ensure timely completion of
the work. The modified schedule of programme shall be approved by the Engineer in
Charge. A recovery of Rs. 2500/- (for works costing upto Rs. 20 Crores) / Rs. 5000/-
(for works costing more than Rs. 20 Crores) shall be made on per day basis in case
of delay in submission of the modified programme.
(iv) The submission for approval by the Engineer-in-Charge of such programme or such
particulars shall not relieve the contractor of any of the duties or responsibilities under the
contract. This is without prejudice to the right of Engineer-in-Charge to take action against
the contractor as per terms and conditions of the agreement.
(v) The contractor shall submit the progress report using MS Project/Primavira software
with base line programme referred above for the work done during previous month to
the Engineer-in-charge on or before 5th day of each month failing which a recovery
Rs. 2500/ - (for works costing upto Rs. 20 Crores) / Rs. 5000/- (for works costing
more than Rs. 20 Crores) shall be made on per day basis in case of delay in
submission of the monthly progress report.
5.2 If the work(s) be delayed by:-x
(i) force majeure, or
(ii) abnormally bad weather, or
(iii) serious loss or damage by fire, or
(iv) civil commotion, local commotion of workmen, strike or lockout, affecting any of
the trades employed on the work, or
(v) delay on the part of other contractors or tradesmen engaged by Engineer-in-
Charge in executing work not forming part of the Contract, or
(vi) non-availability of stores, which are the responsibility of NID to supply or
(vii) non-availability or break down of tools and Plant to be supplied or supplied by
NID or
(viii) any other cause which, in the absolute discretion of the Engineer-in-Charge is
beyond the Contractor‟s control.
then upon the happening of any such event causing delay, the Contractor shall
immediately give notice thereof in writing to the authority as indicated in Schedule „F‟
but shall nevertheless use constantly his best endeavours to prevent or make good
the delay and shall do all that may be reasonably required to the satisfaction of the
Engineer-in-Charge to proceed with the works.
5.3 Request for rescheduling of Mile stones and extension of time, to be eligible for
consideration, shall be made by the Contractor in writing within fourteen days of the
happening of the event causing delay on the prescribed form to the authority as
indicated in Schedule „F‟. The Contractor may also, if practicable, indicate in such a
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request the period for which extension is desired.
5.4 In any such case the authority as indicated in Schedule „F‟ may give a fair and
reasonable extension of time and reschedule the mile stones for completion of work.
Such extension or rescheduling of the milestones shall be communicated to the
Contractor by the authority as indicated in Schedule „F‟ in writing, within 3 months or
4 weeks of the date of receipt of such request respectively. Non application by the
contractor for extension of time/ rescheduling of the milestones shall not be a bar for
giving a fair and reasonable extension/ rescheduling of the milestones by the
authority as indicated in Schedule „F‟ and this shall be binding on the contractor.
CLAUSE 6
Measurements ofWork Done
Engineer-in-Charge shall, except as otherwise provided, ascertain and determine by
measurement, the value in accordance with the contract of work done.
All measurement of all items having financial value shall be entered in Measurement Book
and/or level field book so that a complete record is obtained of all works performed under
the contract.
All measurements and levels shall be taken jointly by the Engineer-in-Charge or his
authorized representative and by the contractor or his authorized representative from time
to time during the progress of the work and such measurements shall be signed and dated
by the Engineer-in-Charge and the contractor or their representatives in token of their
acceptance. If the contractor objects to any of the measurements recorded, a note shall be
made to that effect with reason and signed by both the parties.
If for any reason the contractor or his authorized representative is not available and the
work of recording measurements is suspended by the Engineer-in-Charge or his
representative, the Engineer-in-Charge and the Department shall not entertain any claim
from contractor for any loss or damages on this account. If the contractor or his authorized
representative does not remain present at the time of such measurements after the
contractor or his authorized representative has been given a notice in writing three (3)
days in advance or fails to countersign or to record objection within a week from the date
of the measurement, then such measurements recorded in his absence by the Engineer-
in-Charge or his representative shall be deemed to be accepted by the Contractor.
The contractor shall, without extra charge, provide all assistance with every appliance,
labour and other things necessary for measurements and recording levels.
Except where any general or detailed description of the work expressly shows to the
contrary, measurements shall be taken in accordance with the procedure set forth in the
specifications notwithstanding any provision in the relevant Standard Method of
measurement or any general or local custom. In the case of items which are not covered
by specifications, measurements shall be taken in accordance with the relevant standard
method of measurement issued by the Bureau of Indian Standards and if for any item no
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such standard is available, then a mutually agreed method shall be followed.
The contractor shall give, not less than seven days‟ notice to the Engineer-in-Charge or
his authorized representative in charge of the work, before covering up or otherwise
placing beyond the reach of measurement any work in order that the same may be
measured and correct dimensions thereof be taken before the same is covered up or
placed beyond the reach of measurement and shall not cover up and place beyond reach
of measurement any work without consent in writing of the Engineer-in-Charge or his
authorized representative in charge of the work who shall within the aforesaid period of
seven days inspect the work, and if any work shall be covered up or placed beyond the
reach of measurements without such notice having been given or the Engineer-in-
Charge‟s consent being obtained in writing, the same shall be uncovered at the
Contractor‟s expense, or in default thereof no payment or allowance shall be made for
such work or the materials with which the same was executed.
Engineer-in-Charge or his authorized representative may cause either themselves or
through another officer of the department to check the measurements recorded jointly or
otherwise as aforesaid and all provisions stipulated herein above shall be applicable to
such checking of measurements or levels.
It is also a term of this contract that recording of measurements of any item of work in the
measurement book and/or its payment in the interim, on account or final bill shall not be
considered as conclusive evidence as to the sufficiency of any work or material to which it
relates nor shall it relieve the contractor from liabilities from any over measurement or
defects noticed till completion of the defects liability period.
CLAUSE 6A
Computerized Measurement Book Engineer-in-Charge shall, except as otherwise provided, ascertain and determine by
measurement the value of work done in accordance with the contract.
All measurements of all items having financial value shall be entered by the contractor and
compiled in the shape of the Computerized Measurement Book having pages of A-4 size
as per the format of the department so that a complete record is obtained of all the items
of works performed under the contract.
All such measurements and levels recorded by the contractor or his authorized
representative from time to time, during the progress of the work, shall be got checked by
the contractor from the Engineer-in-Charge or his authorized representative as per interval
or program fixed in consultation with Engineer-in-Charge or his authorized representative.
After the necessary corrections made by the Engineer-in-Charge, the measurement
sheets shall be returned to the contractor for incorporating the corrections and for
resubmission to the Engineer-in-Charge for the dated signatures by the Engineer-in-
Charge and the contractor or their representatives in token of their acceptance.
Whenever bill is due for payment, the contractor would initially submit draft computerized
measurement sheets and these measurements would be got checked/test checked from
the Engineer-in-Charge and/or his authorized representative. The contractor will,
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thereafter, incorporate such changes as may be done during these checks/test checks in
his draft computerized measurements, and submit to the department a computerized
measurement book, duly bound, and with its pages machine numbered. The Engineer-in-
Charge and/or his authorized representative would thereafter check this MB, and record
the necessary certificates for their checks/test checks.
The final, fair, computerized measurement book given by the contractor, duly bound, with
its pages machine numbered, should be 100% correct, and no cutting or over-writing in the
measurements would thereafter be allowed. If at all any error is noticed, the contractor
shall have to submit a fresh computerized MB with its pages duly machine numbered and
bound, after getting the earlier MB cancelled by the Institute. Thereafter, the MB shall be
taken in the Divisional Office records, and allotted a number as per the Register of
Computerised MBs. This should be done before the corresponding bill is submitted to the
Division Office for payment. The contractor shall submit two spare copies of such
computerized MB‟s for the purpose of reference and record by the various officers of the
institute.
The contractor shall also submit to the institute separately his computerized Abstract of
Cost and the bill based on these measurements, duly bound, and its pages machine
numbered along with two spare copies of the “bill. Thereafter, this bill will be processed by
the Division Office and allotted a number as per the computerized record in the same way
as done for the measurement book meant for measurements.
The contractor shall, without extra charge, provide all assistance with every appliance,
labour and other things necessary for checking of measurements/levels by the Engineer-
in- Charge or his representative.
Except where any general or detailed description of the work expressly shows to the
contrary, measurements shall be taken in accordance with the procedure set forth in the
specifications notwithstanding any provision in the relevant Standard Method of
measurement or any general or local custom. In the case of items which are not covered
by specifications, measurements shall be taken in accordance with the relevant standard
method of measurement issued by the Bureau of Indian Standards and if for any item no
such standard is available then a mutually agreed method shall be followed.
The contractor shall give not less than seven days‟ notice to the Engineer-in-Charge or his
authorized representative in charge of the work before covering up or otherwise placing
beyond the reach of checking and/or test checking the measurement of any work in order
that the same may be checked and/or test checked and correct dimensions thereof be
taken before the same is covered up or placed beyond the reach of checking and/or test
checking measurement and shall not cover up and place beyond reach of measurement
any work without consent in writing of the Engineer-in-Charge or his authorized
representative in charge of the work who shall within the aforesaid period of seven days
inspect the work, and if any work shall be covered up or placed beyond the reach of
checking and/or test checking measurements without such notice having been given or the
Engineer-in-Charge‟s consent being obtained in writing the same shall be uncovered at
the Contractor‟s expense, or in default thereof no payment or allowance shall be made for
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such work or the materials with which the same was executed.
Engineer-in-Charge or his authorized representative may cause either themselves or
through another officer of the institute to check the measurements recorded by contractor
and all provisions stipulated herein above shall be applicable to such checking of
measurements or levels.
It is also a term of this contract that checking and/or test checking the measurements of
any item of work in the measurement book and/or its payment in the interim, on account of
final bill shall not be considered as conclusive evidence as to the sufficiency of any work or
material to which it relates nor shall it relieve the contractor from liabilities from any over
measurement or defects noticed till completion of the defects liability period.
CLAUSE 7
Payment on Intermediate Certificate to be Regarded as Advances
No payment shall be made for work, estimated to cost Rs. Twenty thousand or less till
after the whole of the work shall have been completed and certificate of completion given.
For works estimated to cost over Rs. Twenty thousand, the interim or running account bills
shall be submitted by the contractor for the work executed on the basis of such recorded
measurements on the format of the institute in triplicate on or before the date of every
month fixed for the same by the Engineer-in-Charge. The contractor shall not be entitled to
be paid any such interim payment if the gross work done together with net payment/
adjustment of advances for material collected, if any, since the last such payment is less
than the amount specified in Schedule „F‟, in which case the interim bill shall be prepared
on the appointed date of the month after the requisite progress is achieved. Engineer-in-
Charge shall arrange to have the bill verified by taking or causing to be taken, where
necessary, the requisite measurements of the work. In the event of the failure of the
contractor to submit the bills, Engineer-in-Charge shall prepare or cause to be prepared
such bills in which event no claims whatsoever due to delays on payment including that of
interest shall be payable to the contractor. Payment on account of amount admissible shall
be made by the Engineer-in-Charge certifying the sum to which the contractor is
considered entitled by way of interim payment at such rates as decided by the Engineer-
in-Charge. The amount admissible shall be paid by 10th working day after the day of
presentation of the bill by the Contractor to the Engineer-in-Charge or his Asstt. Engineer
together with the account of the material issued by the institute, or dismantled materials, if
any. In the case of works outside the headquarters of the Engineer- in-Charge, the period
of ten working days will be extended to fifteen working days. In case of delay in payment
of intermediate bills after 45 days of submission of bill by the contractor provided the bill
submitted by the contractor found to be in order, a simple interest @ 7.5% per annum
shall be paid to the contractor from the date of expiry of prescribed time limit which will be
compounded on yearly basis.
All such interim payments shall be regarded as payment by way of advances against final
payment only and shall not preclude the requiring of bad, unsound and imperfect or
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unskilled work to be rejected, removed, taken away and reconstructed or re-erected. Any
certificate given by the Engineer-in-Charge relating to the work done or materials delivered
forming part of such payment, may be modified or corrected by any subsequent such
certificate(s) or by the final certificate and shall not by itself be conclusive evidence that
any work or materials to which it relates is/are in accordance with the contract and
specifications. Any such interim payment, or any part thereof shall not in any respect
conclude, determine or affect in any way powers of the Engineer-in-Charge under the
contract or any of such payments be treated as final settlement and adjustment of
accounts or in any way vary or affect the contract. Pending consideration of extension of
date of completion, interim payments shall continue to be made as herein provided without
prejudice to the right of the department to take action under the terms of this contract for
delay in the completion of work, if the extension of date of completion is not granted by the
competent authority.
Payments in composite Contracts
The Engineer-in-Charge in his sole discretion on the basis of a certificate from the Asstt.
Engineer to the effect that the work has been completed up to the level in question make
interim advance payments without detailed measurements for work done (other than
foundations, items to be covered under finishing items) up to lintel level (including
sunshade etc.) and slab level, for each floor working out at 75% of the assessed value.
The advance payments so allowed shall be adjusted in the subsequent interim bill by
taking detailed measurements thereof.
In case of composite tenders, running payment for the major component shall be made by
Engineer-in-charge of major discipline to the main contractor. Running payment for minor
component shall be made by the Engineer-in-Charge of the discipline of minor component
directly to the main contractor.
In case main contractor fails to make the payment to the contractor associated by him
within 15 days of receipt of each running account payment, then on the written complaint
of contractor associated for such minor component, Engineer in charge of minor
component shall serve the show cause to the main contractor and if reply of main
contractor either not received or found unsatisfactory, he may make the payment directly
to the contractor associated for minor component as per the terms and conditions of the
agreement drawn between main contractor and associate contractor fixed by him. Such
payment made to the associate contractor shall be recovered by Engineer-in-charge of
major or minor component from the next R/A/ final bill due to main contractor as the case
may be.
CLAUSE 8
Page 26 of 77
Completion Certificate and Completion Plans Within ten days of the completion of the work, the contractor shall give notice of such
completion to the Engineer-in-Charge and within thirty days of the receipt of such notice,
the Engineer-in-Charge shall inspect the work and if there is no defect in the work, shall
furnish the contractor with a final certificate of completion, otherwise a provisional
certificate of physical completion indicating defects (a) to be rectified by the contractor
and/or (b) for which payment will be made at reduced rates, shall be issued. But no final
certificate of completion shall be issued, nor shall the work be considered to be complete
until the contractor shall have removed from the premises on which the work shall be
executed all scaffolding, surplus materials, rubbish and all huts and sanitary arrangements
required for his/their work people on the site in connection with the execution of the works
as shall have been erected or constructed by the contractor(s) and cleaned off the dirt
from all wood work, doors, windows, walls, floor or other parts of the building, in, upon, or
about which the work is to be executed or of which he may have had possession for the
purpose of the execution; thereof, and not until the work shall have been measured by the
Engineer-in-Charge. If the contractor shall fail to comply with the requirements of this
Clause as to removal of scaffolding, surplus materials and rubbish and all huts and
sanitary arrangements as aforesaid and cleaning off dirt on or before the date fixed for the
completion of work, the Engineer-in-Charge may at the expense of the contractor remove
such scaffolding, surplus materials and rubbish etc., and dispose of the same as he thinks
fit and clean off such dirt as aforesaid, and the contractor shall have no claim in respect of
scaffolding or surplus materials as aforesaid except for any sum actually realized by the
sale thereof.
CLAUSE 8A
Contractor to Keep Site Clean
When the annual repairs and maintenance of works are carried out, the splashes and
droppings from white washing, colour washing, painting etc., on walls, floor, windows, etc
shall be removed and the surface cleaned simultaneously with the completion of these
items of work in the individual rooms, quarters or premises etc. where the work is done:
without waiting for the actual completion of all the other items of work in the contract. In
case the contractor fails to comply with the requirements of this clause, the Engineer-in-
Charge shall have the right to get this work done at the cost of the contractor either
departmentally or through any other agency. Before taking such action, the Engineer-in-
Charge shall give ten days notice in writing to the contractor.
CLAUSE 8B
Completion Plans to be Submitted by the Contractor
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The contractor shall submit completion plan as required vide General Specifications for
Electrical works (Part-I internal) 2005 and (Part-ll External) 1994 as applicable within thirty
days of the completion of the work.
In case, the contractor fails to submit the completion plan as aforesaid, he shall be liable
to pay a sum equivalent to 2.5% of the value of the work subject to a ceiling of Rs.15,000
(Rs. Fifteen thousand only) as may be fixed by the Superintending Engineer concerned
and in this respect the decision of the Director NID shall be final and binding on the
contractor.
The contractor shall submit completion plan for water, sewerage and drainage line plan
within thirty days of the completion of the work.
In case, the contractor fails to submit the completion plan as aforesaid, , the department
will get it done through other agency at his cost and actual expenses incurred plus Rs.
15,000/-for the same shall be recovered from the contractor.
CLAUSE 9
Payment of Contractor’s Bills to Banks
The final bill shall be submitted by the contractor in the same manner as specified in
interim bills within three months of physical completion of the work or within one month of
the date of the final certificate of completion furnished by the Engineer-in-Charge
whichever is earlier. No further claims shall be made by the contractor after submission of
the final bill and these shall be deemed to have been waived and extinguished. Payments
of those items of the bill in respect of which there is no dispute and of items in dispute, for
quantities and rates as approved by Engineer-in-Charge, will, as far as possible be made
within the period specified herein under, the period being reckoned from the date of receipt
of the bill by the Engineer-in-Charge or his authorized Asstt. Engineer, complete with
account of materials issued by the Department and dismantled materials.
(i) If the Tendered value of work is up to Rs. 45 lacs : 2 months
(ii) If the Tendered value of work is more than Rs.45 lacs and up to Rs. 2.5 Crore : 3
months
(iii) If the Tendered value of work exceeds Rs. 2.5 Crore : 6 months
In case of delay in payment of final bills after prescribed time limit, a simple interest @
7.5% per annum shall be paid to the contractor from the date of expiry of prescribed time
limit which will be compounded on yearly basis, provided the final bill submitted by the
contractor found to be in order.
CLAUSE 9A
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Payment of Contractor’s Bills to Banks
Payments due to the contractor may, if so desired by him, be made to his bank,
registered financial, co-operative or thrift societies or recognized financial institutions
instead of direct to him provided that the contractor furnishes to the Engineer-in-Charge
(1) an authorization in the form of a legally valid document such as a power of attorney
conferring authority on the bank; registered financial, co-operative or thrift societies or
recognized financial institutions to receive payments and (2) his own acceptance of the
correctness of the amount made out as being due to him by NID or his signature on the bill
or other claim preferred against NID before settlement by the Engineer-in-Charge of the
account or claim by payment to the bank, registered financial, co-operative or thrift
societies or recognized financial institutions. While the receipt given by such banks;
registered financial, co-operative or thrift societies or recognized financial institutions shall
constitute a full and sufficient discharge for the payment, the contractor shall whenever
possible present his bills duly receipted and discharged through his bank, registered
financial, co-operative or thrift societies or recognized financial institutions.
Nothing herein contained shall operate to create in favour of the bank; registered
financial, co-operative or thrift societies or recognized financial institutions any rights or
equities visa-vis the NID Authority.
CLAUSE 10 -
Materials supplied by Government
Materials which NID will supply are shown in Schedule „B‟ which also stipulates quantum,
place of issue and rate(s) to be charged in respect thereof. The contractor shall be bound
to procure them from the Engineer-in-Charge.
As soon as the work is awarded, the contractor shall finalise the programme for the
completion of work as per clause 5 of this contract and shall give his estimates of
materials required on the basis of drawings/or schedule of quantities of the work. The
Contractor shall give in writing his requirement to the Engineer-in-Charge which shall be
issued to him keeping in view the progress of work as assessed by the Engineer-in-
Charge, in accordance with the agreed phased programmer of work indicating monthly
requirements of various materials. The contractor shall place his indent in writing for issue
of such materials at least 7 days in advance of his requirement.
Such materials shall be supplied for the purpose of the contract only and the value of the
materials so supplied at the rates specified in the aforesaid schedule shall be set off or
deducted, as and when materials are consumed in items of work (including normal
wastage) for which payment is being made to the contractor, from any sum then due or
which may therefore become due to the contractor under the contract or otherwise or from
the security deposit. At the time of submission of bills, the contractor shall certify that
balance of materials supplied is available at site in original good condition.
The contractor shall submit along with every running bill (on account or interim bill)
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material wise reconciliation statements supported by complete calculations reconciling
total issue, total consumption and certified balance (diameter/section-wise in the case of
steel) and resulting variations and reasons therefore. Engineer-in-Charge shall (whose
decision shall be final and binding on the contractor) be within his rights to follow the
procedure of recovery in clause 42 at any stage of the work if reconciliation is not found to
be satisfactory.
The contractor shall bear the cost of getting the material issued, loading, transporting to
site, unloading, storing under cover as required, cutting assembling and joining the several
parts together as necessary. Notwithstanding anything to the contrary contained in any
other clause of the contract and (or the CPWA Code) all stores/materials so supplied to
the contractor or procured with the assistance of the NID shall remain the absolute
property of NID and the contractor shall be the trustee of the stores/materials, and the said
stores/materials shall not be removed/disposed off from the site of the work on any
account and shall be at all times open to inspection by the Engineer-in-Charge or his
authorized agent. Any such stores/materials remaining unused shall be returned to the
Engineer-in-Charge in as good a condition in which they were originally supplied at a place
directed by him, at a place of issue or any other place specified by him as he shall require,
but in case it is decided not to take back the stores/materials the contractor shall have no
claim for compensation on any account of such stores/materials so supplied to him as
aforesaid and not used by him or for any wastage in or damage to in such
stores/materials.
On being required to return the stores/materials, the contractor shall hand over the
stores/ materials on being paid or credited such price as the Engineer-in-Charge shall
determine, having due regard to the condition of the stores/materials. The price allowed for
credit to the contractor, however, shall be at the prevailing market rate not exceeding the
amount charged to him, excluding the storage charge, if any. The decision of the
Engineer-in-Charge shall be final and conclusive. In the event of breach of the aforesaid
condition, the contractor shall in addition to throwing himself open to account for
contravention of the terms of the licences or permit and/or for criminal breach of trust, be
liable to NID for all advantages or profits resulting or which in the usual course would have
resulted to him by reason of such breach. Provided that the contractor shall in no case be
entitled to any compensation or damages on account of any delay in supply or non-supply
thereof all or any such materials and stores provided further that the contractor shall be
bound to execute the entire work if the materials are supplied by the NID within the original
scheduled time for completion of the work plus 50% thereof or schedule time plus 6
months whichever is more if the time of completion of work exceeds 12 months, but if a
part of the materials only has been supplied within the aforesaid period, then the
contractor shall be bound to do so much of the work as may be possible with the materials
and stores supplied in the aforesaid period. For the completion of the rest of the work, the
contractor shall be entitled to such extension of time as may be determined by the
Engineer-in-Charge whose decision in this regard shall be final and binding on the
contractor.
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The contractor shall see that only the required quantities of materials are got issued. Any
such material remaining unused and in perfectly good/original condition at the time of
completion or determination of the contract shall be returned to the Engineer-in-Charge at
the stores from which it was issued or at a place directed by him by a notice in writing. The
contractor shall not be entitled for loading, transporting, unloading and stacking of such
unused material except for the extra lead, if any involved, beyond the original place of
issue.
CLAUSE 10A - Deleted
Materials to be provided by the Contractor
The contractor shall, at his own expense, provide all materials, required for the works
other than those which are stipulated to be supplied by the NID.
The contractor shall, at his own expense and without delay, supply to the Engineer-in-
Charge samples of materials to be used on the work and shall get these approved in
advance. All such materials to be provided by the Contractor shall be in conformity with
the specifications laid down or referred to in the contract. The contractor shall, if requested
by the Engineer-in-Charge furnish proof, to the satisfaction of the Engineer-in-Charge that
the materials so comply. The Engineer-in-Charge shall within thirty days of supply of
samples or within such further period as he may require intimate to the Contractor in
writing whether samples are approved by him or not. If samples are not approved, the
Contractor shall forthwith arrange to supply to the Engineer-in-Charge for his approval,
fresh samples complying with the specifications laid down in the contract. When materials
are required to be tested in accordance with specifications, approval of the Engineer-in-
Charge shall be issued after the test results are received.
The Contractor shall at his risk and cost submit the samples of materials to be tested or
analyzed and shall not make use of or incorporate in the work any materials represented
by the samples until the required tests or analysis have been made and materials finally
accepted by the Engineer-in-Charge. The Contractor shall not be eligible for any claim or
compensation either arising out of any delay in the work or due to any corrective measures
required to be taken on account of and as a result of testing of materials. The contractor
shall, at his risk and cost, make all arrangements and shall provide all facilities as the
Engineer-in-Charge may require for collecting, and preparing the required number of
samples for such tests at such time and to such place or places as may be directed by the
Engineer-in-Charge and bear all charges and cost of testing unless specifically provided
for otherwise elsewhere in the contract or specifications. The Engineer-in-Charge or his
authorized representative shall at all times have access to the works and to all workshops
and places where work is being prepared or from where materials, manufactured articles
or machinery are being obtained for the works and the contractor shall afford every facility
and every assistance in obtaining the right to such access.
The Engineer-in-Charge shall have full powers to require the removal from the premises
of all materials which in his opinion are not in accordance with the specifications and in
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case of default, the Engineer-in-Charge shall be at liberty to employ at the expense of the
contractor, other persons to remove the same without being answerable or accountable for
any loss or damage that may happen or arise to such materials. The Engineer-in-Charge
shall also have full powers to require other proper materials to be substituted thereof and
in case of default, the Engineer-in-Charge may cause the same to be supplied and all
costs which may attend such removal and substitution shall be borne by the Contractor.
The contractor shall at his own expense, provide a material testing lab at the site for
conducting routine field tests. The lab shall be equipped at least with the testing equipment
as specified in schedule F.
CLAUSE 10B - Deleted
Secured Advance on Non-perishable Materials
(i) The contractor, on signing an indenture in the form to be specified by the Engineer-in
Charge, shall be entitled to be paid during the progress of the execution of the work
up to 90% of the assessed value of any materials which are in the opinion of the
Engineer-in-Charge non-perishable, non-fragile and non-combustible and are in
accordance with the contract and which have been brought on the site in connection
therewith and are adequately stored and/or protected against damage by weather or
other causes but which have not at the time of advance been incorporated in the
works. When materials on account of which an advance has been made under this
sub-clause are incorporated in the work, the amount of such advance shall be
recovered/deducted from the next payment made under any of the clause or clauses
of this contract.
Such secured advance shall also be payable on other items of perishable nature,
fragile and combustible with the approval of the Engineer-in-Charge provided the
contractor provides a comprehensive insurance cover for the full cost of such
materials. The decision of the Engineer- in-Charge shall be final and binding on the
contractor in this matter. No secured advance, shall however, be paid on high-risk
materials such as ordinary glass, sand, petrol, diesel etc.
Mobilisation Advance
(ii) Mobilization advance not exceeding 10% of the tendered value may be given, if
requested by the contractor in writing within one month of the order to commence the
work. Such advance shall be in two or more installments to be determined by the
Engineer-in- Charge at his sole discretion. The first installment of such advance shall
be released by the Engineer-in-charge to the contractor on a request made by the
contractor to the Engineer-in-Charge in this behalf. The second and subsequent
installments shall be released by the Engineer- in- Charge only after the contractor
furnishes a proof of the satisfactory utilization of the earlier installment to the entire
satisfaction of the Engineer-in-Charge.
Before any installment of advance is released, the contractor shall execute a Bank
Guarantee Bond from Scheduled Bank for the amount equal to 110% of the amount
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of advance and valid for the contract period. This (Bank Guarantee from Scheduled
Bank for the amount equal to 110% of the balance amount of advance) shall be kept
renewed from time to time to cover the balance amount and likely period of complete
recovery. Provided always that provision of Clause 10 B (ii) shall be applicable only
when so provided in „Schedule F‟.
Plant Machinery & Shuttering Material Advance
(iii) An advance for plant, machinery & shuttering material required for the work and
brought to site by the Contractor may be given if requested by the contractor in
writing within one month of bringing such plant and machinery to site. Such advance
shall be given on such plant and machinery which in the opineon of the Engineer-in-
charge will add to the expeditious execution of work and improve the quality of work.
The amount of advance shall be restricted to 5% percent of the tender value. In the
case of new plant and equipment to be purchased for the work, the advance shall be
restricted to 90% of the price of such new plant and equipment paid by the contractor
for which the contractor shall produce evidence satisfactory to the Engineer-in-
Charge. In the case of second hand and used plants and equipment, the amount of
such advance shall be limited to 50% of the depreciated value of plant and
equipment as may be decided by the Engineer-in-Charge. The contractor shall, if so
required by the Engineer-in-Charge, submit the statement of value of such old plant
and equipment duly approved by a Registered Valuer recognized by the Central
Board of Direct Taxes under the Income- Tax Act, 1961. No such advance shall be
paid on any plant and equipment of perishable nature and on any plant and
equipment of a value less than Rs. 50,000/- Seventy five per cent of such amount of
advance shall be paid after the plant & equipment is brought to site and balance
twenty five percent on successfully commissioning the same.
Leasing of equipment shall be considered at par with purchase of equipment and
shall be covered by tripartite agreement with the following:
1. Leasing company which gives certificate of agreeing to lease equipment to the
contractor.
2. Engineer in Charge, and
3. The contractor.
This advance shall further be subject to the condition that such plant and equipment (a)
are considered by the Engineer-in-Charge to be necessary for the works; (b) and are in
working order and are maintained in working order; (c) hypothecated to the NID as
specified by the Engineer-in-Charge before the payment of advance is released. The
contractor shall not be permitted to remove from the site such hypothecated plant and
equipment without the prior written permission of the Engineer-in- Charge. The contractor
shall be responsible for maintaining such plant and equipment in good working order
during the entire period of hypothecation failing which such advance shall be entirely
recovered in lump sum. For this purpose, steel scaffolding and form work shall be treated
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as plant and equipment.
The contractor shall insure the Plant and Machinery for which mobilization advance is
sought and given, for a sum sufficient to provide for their replacement at site. Any amounts
not recovered from the insurer will be borne by the contractor.
Interest & Recovery
(i) The mobilization advance and plant and machinery advance in (ii) & (iii) above bear
simple interest at the rate of 10 per cent per annum and shall be calculated from the
date of payment to the date of recovery, both days inclusive, on the outstanding
amount of advance. Recovery of such sums advanced shall be made by the
deduction from the contractors bills commencing after first ten per cent of the gross
value of the work is executed and paid, on pro-rata percentage basis to the gross
value of the work billed beyond 10% in such a way that the entire advance is
recovered by the time eighty per cent of the gross value of the contract is executed
and paid, together with interest due on the entire outstanding amount up to the date
of recovery of the installment.
(v) If the circumstances are considered reasonable by the Engineer-in-Charge, the
period mentioned in (ii) and (iii) for request by the contractor in writing for grant of
mobilization advance and plant and equipment advance may be extended in the
discretion of the Engineer-in-Charge.
CLAUSE 10C
Payment on Account of Increase in Prices/Wages due to Statutory Order(s)
If after submission of the tender, the price of any material incorporated in the works
(excluding the materials covered under Clause 10CA and not being a material supplied
from the Engineer-in-Charge‟s stores in accordance with Clause 10 thereof) and/or wages
of labour increases as a direct result of the coming into force of any fresh law, or statutory
rule or order (but not due to any changes of rate in sales tax/VAT, Central/State
Excise/Custom Duty) beyond the prices/wages prevailing at the time of the last stipulated
date of receipt of tenders including extensions, if any, for the work during contract period
including the justified period extended under the provisions of clause 5 of the contract
without any action under clause 2, then the amount of the contract shall accordingly be
varied and provided further that any such increase shall be limited to the price/wages
prevailing at the time of updated stipulated date of completion considering effect of extra
work (extra time to be calculated on prorata basis only as cost of extra work x stipulated
period/tendered amount).
If after submission of the tender, the price of any material incorporated in the works
(excluding the materials covered under Clause 10CA and not being a material supplied
from the Engineer-in-Charge‟s stores in accordance with Clause 10 thereof) and/or wages
of labour as prevailing at the time of last stipulated date of receipt of tender including
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extensions, if any, is decreased as a direct result of the coming into force of any fresh law
or statutory rules or order (but not due to any changes of rate in sales tax/VAT,
Central/State Excise/Custom Duty), NID shall in respect of materials incorporated in the
works (excluding the materials covered under Clause 10CA and not being material
supplied from the Engineer-in-Charge‟s stores in accordance with Clause 10 hereof)
and/or labour engaged on the execution of the work after the date of coming into force of
such law statutory rule or order be entitled to deduct from the dues of the contractor, such
amount as shall be equivalent to the difference between the prices of the materials and/or
wages as prevailed at the time of the last stipulated date for receipt of tenders including
extensions if any for the work and the prices of materials and/or wages of labour on the
coming into force of such law, statutory rule or order. This will be applicable for the
contract period including the justified period extended under the provisions of clause 5 of
the contract without any action under clause 2.
Engineer-in-Charge may call books of account and other relevant documents from the
contractor to satisfy himself about reasonability of increase in prices of materials and
wages.
The contractor shall, within a reasonable time of his becoming aware of any alteration in
the price of any such materials and/or wages of labour, give notice thereof to the
Engineer-in-Charge stating that the same is given pursuant to this condition together with
all information relating thereto which he may be in position to supply.
For this purpose, the labour component of the work executed during period under
consideration shall be the percentage as specified in Schedule F, of the value of work
done during that period and the increase/decrease in labour shall be considered on the
minimum daily wages in rupees of any unskilled adult male mazdoor, fixed under any law,
statutory rule or order.
CLAUSE 10 CA
Payment due to variation in prices of materials after receipt of tender
If after submission of the tender, the price of materials specified in Schedule F
increases/ decreases beyond the base price(s) as indicated in Schedule F for the work,
then the amount of the contract shall accordingly be varied and provided further that any
such variations shall be effected for stipulated period of Contract including the justified
period extended under the provisions of Clause 5 of the Contract without any action under
Clause 2.
However for work done/during the justified period extended as above, it will be limited to
indices prevailing at the time of updated stipulated date of completion considering the
effect of extra work (extra time to be calculated on pro-rata basis only as cost of extra work
x stipulated period/tendered cost).
The increase/decrease in prices of cement, steel reinforcement, structural steel and
POL shall be determined by the Price indices issued by the Director General, CPWD. For
other items provided in the Schedule „F‟, this shall be determined by the All India
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Wholesale Price Indices of materials as published by Economic Advisor to Government of
India, Ministry of Commerce and Industry. Base price for cement, steel reinforcement,
structural steel and POL shall be as issued under the authority of Director General CPWD
applicable for Delhi including Noida, Gurgaon, Faridabad & Ghaziabad and for other
places as issued under the authority of Zonal Chief Engineer, CPWD and base price of
other materials issued by concerned Zonal chief Engineer and as indicated in Schedule
„F‟. In case, price index of a particular material is not issued by Ministry of Commerce and
Industry, then the price index of nearest similar material as indicated in Schedule „F‟ shall
be followed.
The amount of the contract shall accordingly be varied for all such materials and will be
worked out as per the formula given below for individual material:-
Adjustment for component of individual material
V = P x Q xCl -CI0
CI0
where,
V = Variation in material cost i.e. increase or decrease in the
amount of rupees to be paid or recovered.
P = Base Price of material as issued under authority of DG,
CPWD or concerned Zonal Chief Engineer and as indicated in
Schedule "F".
For Projects and Original Works
Q = Quantity of material brought at site for bonafide use in the
works since previous bill excluding any such quantity
consumed in the deviated quantity of items beyond deviation
limit and extra /substituted item, paid/to be paid at rates
derived on the basis of market rate under clause 12.2.
For Maintenance Works
Q = Quantity of material brought at site for bonafide use in the
works since previous bill including any such quantity
consumed in the deviated quantity of items beyond deviation
limit paid at agreement rate and extra /substituted item being
scheduled items, but excluding non schedule extra
/substituted item paid/to be paid at market rate under clause
12.2.
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CIo = Price index for cement, steel reinforcement bars structural
steel and POL as issued by the DG, CPWD and corresponding
to the time of base price of respective material indicated in
Schedule „F‟. For other items, if any, provided in Schedule „F‟,
All India Wholesale Price Index for the material as published
by the Economic Advisor to Government of India, Ministry of
Industry and Commerce and corresponding to the time of base
price of respective material indicated in Schedule „F‟.
CI = Price index for cement, steel reinforcement bars, structural
steel and POL as issued under the authority of DG, CPWD for
period under consideration. For other items, if any, provided in
Schedule „F‟, All India Wholesale Price Index for the material
for period under consideration as published by Economic
Advisor to Government of India, Ministry of Industry and
Commerce.
Note: (i) In respect of the justified period extended under the
provisions of clause 5 of the contract without any action under
clause 2, the index prevailing at the time of updated stipulated
date of completion considering the effect of extra work (extra
time to be calculated on prorata basis only as cost of extra
work x stipulated period/ tendered cost) shall be considered.
Provided always that provisions of the preceding Clause 10 C
shall not be applicable in respect of Materials covered in this
Clause.
(ii) If during progress of work or at the time of completion of work,
it is noticed that any material brought at site is in excess of
requirement, then amount of escalation if paid earlier on such
excess quantity of material shall be recovered on the basis of
cost indices as applied at the time of payment of escalation or
as prevailing at the time of effecting recovery, whichever is
higher.
(iii) Cement mentioned wherever in this clause includes Cement
component used in RMC brought at site from outside
approved RMC plants, if any.
(iv) The date wise record of ready mix concrete shall be kept in a
register and the cement consumption for the same shall be
calculated accordingly.
(v) If built-up steel items are brought at site from workshop, then
the variation shall be paid for the structural steel up to the
period when the built up item/finished product is brought at
site.
CLAUSE 10 CC
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Payment due to Increase/Decrease in Prices/Wages (exculding materials covered
under clause 10 CA) after Receipt of Tender for Works
If the prices of materials (not being materials supplied or services rendered at fixed
prices by the department in accordance with clause 10 & 34 thereof) and/or wages of
labour required for execution of the work increase, the contractor shall be compensated for
such increase as per provisions detailed below and the amount of the contract shall
accordingly be varied, subject to the condition that that such compensation for escalation
in prices and wages shall be available only for the work done during the stipulated period
of the contract including the justified period extended under the provisions of clause 5 of
the contract without any action under clause 2. However, for the work done during the
justified period extended as above, the compensation as detailed below will be limited to
prices/wages prevailing at the time of updated stipulated date of completion considering
the effect of extra work ( extra time to be calculated on pro-rata basis only as cost of extra
work x stipulated period/tendered cost). No such compensation shall be payable for a work
for which the stipulated period of completion is equal to or less than the time as specified
in Schedule F. Such compensation for escalation in the prices of materials and labour,
when due, shall be worked out based on the following provisions:-
(i) The base date for working out such escalation shall be the last stipulated date of
receipt of tenders including extension, if any.
(ii) The cost of work on which escalation will be payable shall be reckoned as below :
(a) Gross value of work done up to this quarter : (A)
(b) Gross value of work done up to the last quarter : (B)
(c) Gross value of work done since previous quarter (A-B)
(C)
(d) Full assessed value of Secured Advance (excluding materials
Covered under Clause 10 CA) fresh paid in this quarter : (D)
(e) Full assessed value of Secured Advance (excluding materials
Covered under Clause 10 CA) recovered in this quarter : (E)
(f) Full assessed value of Secured Advance for which escalation
Payable in this quarter (D-E):
(F)
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(g) Advance payment made during this quarter:
(G)
(h) Advance payment recovered during this quarter: (H)
(i) Advance payment for which escalation is payable in this Quarter(G-H):
(I)
(j) Extra items/deviated quantities of items paid as per Clause 12
Based on prevailing market rates during this quarter:
(J)
Then, M = C+F+I-J
N = 0.85 M
(k) Less cost of material supplied by the department as per
Clause 10 and recovered during the quarter
(K)
(l) Less cost of services rendered at fixed charges as per Clause
34 and recovered during the quarter
(L)
Cost of work for which escalation is applicable:
W = N - (K + L)
(iii) Components for materials (except cement, reinforcement bars, structural steel, POL or
other materials covered under clause 10 CA) labour, etc. shall be pre-determined for
every work and incorporated in the conditions of contract attached to the tender papers
included in Schedule „F‟. The decision of the Engineer-in-Charge in working out such
percentage shall be binding on the contractors.
(iv) The compensation for escalation for other materials (excluding cement, reinforcement
bars, structural steel, POL or other materials covered under clause 10 CA) shall be
worked as per the formula given below:-
Adjustment for civil component (except cement, structural steel, reinforcement
bars, POL and other materials covered under clause 10CA) / electrical component
of construction „Materials‟
Vm= W x Xm x MI -MIo
100 Mlo
Vm = Variation in material cost i.e. increase or decrease in the amount in
rupees to be paid or recovered.
W = Cost of Work done worked out as indicated in sub-para (ii) of Clause
10CC.
Xm = Component of „materials‟ (except cement, structural steel, reinforcement
bars POL and other materials covered under clause10CA) expressed as
percent of the total value of work.
Ml = All India Wholesale Price Index for civil component/electrical component* of
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construction material as worked out on the basis of All India Wholesale Price
Index for Individual Commodities/ Group Items for the period under consideration
as published by Economic Advisor to Govt. of India, Ministry of Industry &
Commerce and applying weight ages to the Individual Commodities/Group Items.
(In respect of the justified period extended under the provisions of clause 5 of the
contract without any action under clause 2, the index prevailing at the time of
updated stipulated date of completion considering the effect of extra work (extra
time to be calculated on prorata basis only as cost of extra work x stipulated
period/tendered cost, shall be considered.)
Mlo = All India Wholesale Price Index for civil component/electrical component*
of construction material as worked out on the basis of All India Wholesale Price
Index for Individual Commodities/Group Items valid on the last stipulated date of
receipt of tender including extension, if any, as published by the Economic
Advisor to Govt. of India, Ministry of Industry &Commerce and applying weight
ages to the Individual Commodities/Group items.
*Note: relevant component only will be applicable.
(ii) The following principles shall be followed while working out the indices mentioned in
para
(ii) above.
(a) The compensation for escalation shall be worked out at quarterly intervals and
shall be with respect to the cost of work done as per bills paid during the three
calendar months of the said quarter. The dates of preparation of bills as finally
entered in the Measurement Book by the Assistant Engineer/ date of submission of
bill finally by the contractor to the department in case of computerised
measurement books shall be the guiding factor to decide the bills relevant to the
quarterly interval. The first such payment shall be made at the end of three months
after the month (excluding the month in which tender was accepted) and thereafter
at three months‟ interval. At the time of completion of the work, the last period for
payment might become less than 3 months, depending on the actual date of
completion.
(b) The index (MI/FI etc.) relevant to any quarter/period for which such compensation
is paid shall be the arithmetical average of the indices relevant to the three
calendar months. If the period up to date of completion after the quarter covered by
the last such installment of payment, is less than three months, the index Ml and Fl
shall be the average of the indices for the months falling within that period.
(vi) The compensation for escalation for labour shall be worked out as per the formula
given
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below:- VL = W x Y x LI - LI0
100 Llo
VL : Variation in labour cost i.e. amount of increase or decrease in rupees to
be paid or recovered.
W : Value of work done, worked out as indicated in sub-para (ii) above.
Y : Component of labour expressed as a percentage of the total value of the
work.
LI : Minimum wage in rupees of an unskilled adult male mazdoor, fixed under
any law, statutory rule or order as applicable on the last date of the
quarter previous to the one under consideration. (In respect of the
justified
period extended under the provisions of clause 5 of the contract without
any action under clause 2, the minimum wage prevailing on the last date
of Completion considering the effect of extra work (extra time to be
calculated on prorata basis only as cost of extra work x stipulated
period/tendered cost, shall be considered.)
Llo : Minimum daily wage in rupees of an unskilled adult male mazdoor, fixed
under any law, statutory rule or order as on the last stipulated date of
receipt of tender including extension, if any.
(iii) The following principles will be followed while working out the compensation as per
sub-para (vi) above.
(a) The minimum wage of an unskilled male mazdoor mentioned in sub-para (vi) above
shall be the higher of the wage notified by Government of India, Ministry of Labour
and that notified by the local administration both relevant to the place of work and the
period of reckoning.
(b) The escalation for labour also shall be paid at the same quarterly intervals when
escalation due to increase in cost of materials is paid under this clause. If such
revision of minimum wages takes place during any such quarterly intervals, the
escalation compensation shall be payable at revised rates only for work done in
subsequent quarters;
(c) Irrespective of variations in minimum wages of any category of labour, for the
purpose of this clause, the variation in the rate for an unskilled adult male mazdoor
alone shall form the basis for working out the escalation compensation payable on
the labour component.
(iv) In the event the price of materials and/or wages of labour required for execution of the
work decrease/s, there shall be a downward adjustment of the cost of work so that
such price of materials and/or wages of labour shall be deductible from the cost of
work under this contract and in this regard the formula herein before stated under
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this Clause 10CC shall mutatis mutandis apply, provided that:
(a) no such adjustment for the decrease in the price of materials and/or wages of labour
aforementioned would be made in case of contracts in which the stipulated period of
completion of the work is equal to or less than the time as specified in Schedule „F‟.
(b) the Engineer-in-Charge shall otherwise be entitled to lay down the procedure by
which the provision of this sub-clause shall be implemented from time to time and the
decision of the Engineer-in-Charge in this behalf shall be final and binding on the
contractor.
(v) Provided always that:-
(a) Where provisions of clause 10CC are applicable, provisions of clause 10C will not
be applicable but provisions of clause 10CA will be applicable.
(b) Where provisions of clause 10CC are not applicable, provisions of clause 10C and
10CA will become applicable.
Note: Updated stipulated date of completion (period of completion plus extra time for extra
work for compensation under clause 10C, 10CA and 10CC, the factor of 1.25 taken
into account for calculating the extra time under clause 12.1 for extra time shall not be
considered while calculating the updated stipulated date of completion for this purpose
in clause 10C, clause 10CA, and clause 10CC.
CLAUSE 10 D
Dismantled Material NID Property
The contractor shall treat all materials obtained during dismantling of a structure,
excavation of the site for a work, etc. as NID‟S property and such materials shall be
disposed off to the best advantage of NID according to the instructions in writing issued by
the Engineer-in-Charge.
CLAUSE 11
Work to be Executed in Accordance with Specifications, Drawings, Orders etc.
The contractor shall execute the whole and every part of the work in the most substantial
and workmanlike manner both as regards materials and otherwise in every respect in strict
accordance with the specifications. The contractor shall also conform exactly, fully and
faithfully to the design, drawings and instructions in writing in respect of the work signed by
the Engineer-in-Charge and the contractor shall be furnished free of charge one copy of
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the contract documents together with specifications, designs, drawings and instructions as
are not included in the standard specifications of Central Public Works Department
specified in Schedule „F‟ or in any Bureau of Indian Standard or any other, published
standard or code or, Schedule of Rates or any other printed publication referred to
elsewhere in the contract.
The contractor shall comply with the provisions of the contract and with the care and
diligence execute and maintain the works and provide all labour and materials, tools and
plants including for measurements and supervision of all works, structural plans and other
things of temporary or permanent nature required for such execution and maintenance in
so far as the necessity for providing these, is specified or is reasonably inferred from the
contract. The Contractor shall take full responsibility for adequacy, suitability and safety of
all the works and methods of construction.
CLAUSE 12
Deviations/ Variations Extent and Pricing
The Engineer-in-Charge shall have power (i) to make alteration in, omissions from,
additions to, or substitutions for the original specifications, drawings, designs and
instructions that may appear to him to be necessary or advisable during the progress of
the work, and (ii) to omit a part of the works in case of non-availability of a portion of the
site or for any other reasons and the contractor shall be bound to carry out the works in
accordance with any instructions given to him in writing signed by the Engineer-in-Charge
and such alterations, omissions, additions or substitutions shall form part of the contract as
if originally provided therein and any altered, additional or substituted work which the
contractor may be directed to do in the manner specified above as part of the works, shall
be carried out by the contractor on the same conditions in all respects including price on
which he agreed to do the main work except as hereafter provided.
The completion cost of any agreement for Maintenance works including works of
upgradation, aesthetic, special repair, addition/ alteration shall not exceed 1.25 times of
Tendered amount.
12.1 The time for completion of the works shall, in the event of any deviations resulting in
additional cost over the tendered value sum being ordered, be extended, if requested
by the contractor, as follows :
(i) In the proportion which the additional cost of the altered, additional or substituted
work, bears to the original tendered value plus
(ii) 25% of the time calculated in (i) above or such further additional time as may be
considered reasonable by the Engineer-in-Charge.
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Deviation, Extra Items and Pricing
12.2 A. For Project and original works:
In the case of extra item(s) (items that are completely new, and are in addition to
the items contained in the contract), the contractor may within fifteen days of
receipt of order or occurrence of the item(s) claim rates, supported by proper
analysis, for the work and the engineer-in-charge shall within prescribed time limit
of the receipt of the claims supported by analysis, after giving consideration to the
analysis of the rates submitted by the contractor, determine the rates on the basis
of the market rates and the contractor shall be paid in accordance with the rates
so determined.
12.3 For the purpose of operation of Schedule “F”, the following works shall be treated as
works relating to foundation unless & otherwise defined in the contract:
(i) For Buildings : All works up to 1.2 metres above ground level or up to floor 1 level
whichever is lower.
(ii) For abutments, piers and well staining : All works up to 1.2 m above the bed
level.
(iii) For retaining walls, wing walls, compound walls, chimneys, over head reservoirs/
tanks and other elevated structures : All works up to 1.2 metres above the
ground level.
(iv) For reservoirs/tanks (other than overhead reservoirs/tanks) : All works up to 1.2
metres above the ground level.
(v) For basement: All works up to 1.2 m above ground level or up to floor 1 level
whichever is lower.
(vi) For Roads, all items of excavation and filling including treatment of subbase.
12.4 Any operation incidental to or necessarily has to be in contemplation of tenderer
while filing. tender, or necessary for proper execution of the item included in the
Schedule of quantities or in the schedule of rates mentioned above, whether or not,
specifically indicated in the description of the item and the relevant specifications,
shall be deemed to be included in the rates quoted by the tenderer or the rate given
in the said schedule of rates, as the case may be. Nothing extra shall be admissible
for such operations.
CLAUSE 13
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Foreclosure of contract due to Abandonment or Reduction in Scope of Work
If at any time after acceptance of the tender, Engineer-in-charge shall decide to abandon
or reduce the scope of the works for any reason whatsoever and hence not require the
whole or any part of the works to be carried out, the Engineer-in-Charge shall give notice
in writing to that effect to the contractor and the contractor shall act accordingly in the
matter. The contractor shall have no claim to any payment of compensation or otherwise
whatsoever, on account of any profit or advantage which he might have derived from the
execution of the works in full but which he did not derive in consequence of the foreclosure
of the whole or part of the works. The contractor shall be paid at contract rates, full amount
for works executed at site and, in addition, a reasonable amount as certified by the
Engineer-in-Charge for the items hereunder mentioned which could not be utilized on the
work to the full extent in view of the foreclosure;
(i) Any expenditure incurred on preliminary site work, e.g. temporary access roads,
temporary labour huts, staff quarters and site office; storage accommodation and
water storage tanks.
(ii) NID shall have the option to take over contractor‟s materials or any part thereof either
brought to site or of which the contractor is legally bound to accept delivery from
suppliers (for incorporation in or incidental to the work) provided, however NID shall be
bound to take over the materials or such portions thereof as the contractor does not
desire to retain. For materials taken over or to be taken over by NID, cost of such
materials as detailed by Engineer-in- Charge shall be paid. The cost shall, however,
take into account purchase price, cost of transportation and deterioration or damage
which may have been caused to materials whilst in the custody of the contractor.
(iii) If any materials supplied by NID are rendered surplus, the same except normal
wastage shall be returned by the contractor to NID at rates not exceeding those at
which these were originally issued, less allowance for any deterioration or damage
which may have been caused whilst the materials were in the custody of the
contractor. In addition, cost of transporting such materials from site to NID stores, if so
required by NID, shall be paid.
(iv) Reasonable compensation for transfer of T & P from site to contractor‟s permanent
stores or to his other works, whichever is less. If T & P are not transported to either of
the said places, no cost of transportation shall be payable.
(v) Reasonable compensation for repatriation of contractor‟s site staff and imported labour
to the extent necessary.
The contractor shall, if required by the Engineer- in-Charge, furnish to him, books of
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account, wage books, time sheets and other relevant documents and evidence as may be
necessary to enable him to certify the reasonable amount payable under this condition.
The reasonable amount of items on (i), (iv) and (v) above shall not be in excess of 2% of
the cost of the work remaining incomplete on the date of closure, i.e. total stipulated cost
of the work as per accepted tender less the cost of work actually executed under the
contract and less the cost of contractor‟s materials at site taken over by the NID as per
item (ii) above. Provided always that against any payments due to the contractor on this
account or otherwise, the Engineer-in-Charge shall be entitled to recover or be credited
with any outstanding balances due from the contractor for advance paid in respect of any
tool, plants and materials and any other sums which at the date of termination were
recoverable by the NID from the contractor under the terms of the contract.
A compensation for such eventuality, on account of damages etc. shall be payable @
0.5% of cost of work remaining incomplete on date of closure i.e. total stipulated cost of
the work less the cost of work actually executed under the contract shall be payable.
Carrying out part Clause 14
Work at risk & cost Part of the of contractor
If contractor:
At any time makes default during currency of work or does not execute any part of the
work with due diligence and continues to do so even after a notice in writing of 7 days in
this respect from the Engineer-in-Charge; or Commits default in complying with any of the
terms and conditions of the contract and does not remedy it or takes effective steps to
remedy it within 7 days even after a notice in writing is given in that behalf by the
Engineer-in-Charge; or Fails to complete the work(s) or items of work with individual dates
of completion, on or before the date(s) so determined, and does not complete them within
the period specified in the notice given in writing in that behalf by the Engineer-in-Charge.
The Engineer- in-Charge without invoking action under clause 3 may, without prejudice to
any other right or remedy against the contractor which have either accrued or accrue
thereafter to NID, by a notice in writing to take the part work / part incomplete work of any
item(s) out of his hands and shall have powers to:
Take possession of the site and any materials, constructional plant, implements, stores,
etc., thereon; and/or
Carry out the part work / part incomplete work of any item(s) by any means at the risk and
cost of the contractor.
The Engineer-in-Charge shall determine the amount, if any, is recoverable from the
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contractor for completion of the part work/ part incomplete work of any item(s) taken out of
his hands and execute at the risk and cost of the contractor, the liability of contractor on
account of loss or damage suffered by NID because of action under this clause shall not
exceed 10% of the tendered value of the work.
In determining the amount, credit shall be given to the contractor with the value of work
done in all respect in the same manner and at the same rate as if it had been carried out
by the original contractor under the terms of his contract, the value of contractor's
materials taken over and incorporated in the work and use of plant and machinery
belonging to the contractor. The certificate of the Engineer-in-Charge as to the value of
work done shall be final and conclusive against the contractor provided always that action
under this clause shall only be taken after giving notice in writing to the contractor.
Provided also that if the expenses incurred by the department are less than the amount
payable to the contractor at his agreement rates, the difference shall not be payable to the
contractor.
Any excess expenditure incurred or to be incurred by NID in completing the part work/ part
incomplete work of any item(s) or the excess loss of damages suffered or may be suffered
by NID as aforesaid after allowing such credit shall without prejudice to any other right or
remedy available to NID in law or per as agreement be recovered from any money due to
the contractor on any account, and if such money is insufficient, the contractor shall be
called upon in writing and shall be liable to pay the same within 30 days.
If the contractor fails to pay the required sum within the aforesaid period of 30 days, the
Engineer-in-Charge shall have the right to sell any or all of the contractors' unused
materials, constructional plant, implements, temporary building at site etc. and adjust the
proceeds of sale thereof towards the dues recoverable from the contractor under the
contract and if thereafter there remains any balance outstanding, it shall be recovered in
accordance with the provisions of the contract.
In the event of above course being adopted by the Engineer-in-Charge, the contractor
shall have no claim to compensation for any loss sustained by him by reason of his having
purchased or procured any materials or entered into any engagements or made any
advance on any account or with a view to the execution of the work or the contract.
CLAUSE 15
Suspension of Work
(i) The contractor shall, on receipt of the order in writing of the Engineer-in-Charge,
(whose decision shall be final and binding on the contractor) suspend the progress of
the works or any part thereof for such time and in such manner as the Engineer-in-
Charge may consider necessary so as not to cause any damage or injury to the work
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already done or endanger the safety thereof for any of the following reasons:
(a) on account of any default on the part of the contractor or;
(b) for proper execution of the works or part thereof for reasons other than the default
of the contractor; or
(c) for safety of the works or part thereof.
The contractor shall, during such suspension, properly protect and secure the works to
the extent necessary and carry out the instructions given in that behalf by the
Engineer-in- Charge.
(ii) If the suspension is ordered for reasons (b) and (c) in sub-para (i) above:
(a) the contractor shall be entitled to an extension of time equal to the period of every
such suspension PLUS 25%, for completion of the item or group of items of work
for which a separate period of completion is specified in the contract and of which
the suspended work forms a part, and;
(b) If the total period of all such suspensions in respect of an item or group of items or
work for which a separate period of completion is specified in the contract exceeds
thirty days, the contractor shall, in addition, be entitled to such compensation as
the Engineer-in- Charge may consider reasonable in respect of salaries and/or
wages paid by the contractor to his employees and labour at site, remaining idle
during the period of suspension, adding the rate 2% to cover indirect expenses of
the contractor provided the contractor submits his claim supported by details to the
Engineer-in-Charge within fifteen days of the expiry of the period of 30 days.
(iii) If the works or part thereof is suspended on the orders of the Engineer-in-Charge for
more than three months at a time, except when suspension is ordered for reason (a) in
sub-para (i) above, the contractor may after receipt of such order serve a written notice
on the Engineer-in-Charge requiring permission within fifteen days from receipt by the
Engineer-in-Charge of the said notice, to proceed with the work or part thereof in
regard to which progress has been suspended and if such permission is not granted
within that time, the contractor, if he intends to treat the suspension, where it affects
only a part of the works as an omission of such part by NID or where it affects whole of
the works, as an abandonment of the works by NID, shall within ten days of expiry of
such period of 15 days give notice in writing of his intention to the Engineer-in-Charge.
In the event of the contractor treating the suspension as an abandonment of the
contract by NID, he shall have no claim to payment of any compensation on account of
any profit or advantage which he might have derived from the execution of the work in
full but which he could not derive in consequence of the abandonment. He shall,
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however, be entitled to such compensation, as the Engineer-in-Charge may consider
reasonable, in respect of salaries and/or wages paid by him to his employees and
labour at site, remaining idle in consequence adding to the total thereof 2% to cover
indirect expenses of the contractor provided the contractor submits his claim supported
by details to the Engineer-in-Charge within 30 days of the expiry of the period of 3
months.
CLAUSE 15 A
Compensation in case of Delay of Supply of Material by NID.
The contractor shall not be entitled to claim any compensation from NID for the loss
suffered by him on account of delay by NID in the supply of materials in schedule 'B'
where such delay is covered by the difficulties relating to the supply of wagons, force
majeure or any reasonable cause beyond the control of the NID.
This clause 15 A will not be applicable for works where no material is stipulated.
CLAUSE 16
Action in case Work not done as per Specification
All works under or in course of execution or executed in pursuance of the contract,
authorized subordinates in charge of the work and all the superior officers, officer of the
Quality Assurance Unit of the Department or any organization engaged by the NID for
Quality Assurance and of the Chief Technical Examiner‟s Office, and the contractor shall,
at all times, during the usual working hours and at all other times at which reasonable
notice of the visit of such officers has been given to the contractor, either himself be
present to receive orders and instructions or have a agent duly accredited in writing,
present for that purpose. Orders given to the Contractor‟s agent shall be considered to
have the same force as if they had been given to the contractor himself.
If it shall appear to the Engineer-in-charge or his authorized subordinates in charge of
the work or to the Chief Engineer in charge of Quality Assurance or his subordinate
officers or the officers of the organization engaged by the NID for Quality Assurance or to
the Chief Technical Examiner or his subordinate officers, that any work has been executed
with unsound, imperfect, or unskillful workmanship, or with materials or articles provided
by him for the execution of the work which are unsound or of a quality inferior to that
contracted or otherwise not in accordance with the contract, the contractor shall, on
demand in writing which shall be made within twelve months (six months in the case of
work costing Rs. 10 Lac and below except roadwork) of the completion of the work from
the Engineer-in-Charge specifying the work, materials paid for forthwith rectify, or remove
and reconstruct the work so specified in whole or in part, as the case may require or as the
case may be, remove the materials or articles so specified and provide other proper and
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suitable materials or articles at his own charge and cost. In the event of the failing to do so
within a period specified by the Engineer-in-Charge in his demand aforesaid, then the
contractor shall be liable to pay compensation at the same rate as under clause 2 of the
contract (for non-completion of the work in time) for this default In such case the Engineer-
in-Charge may not accept the item of work at the rates applicable under the contract but
may accept such items at reduced rates as the authority specified in schedule „F‟ may
consider reasonable during the preparation of on account bills or final bill if the item is so
acceptable without detriment to the safety and utility of the item and the structure or he
may reject the work outright without any payment and/or get it and other connected and
incidental items rectified, or removed and re-executed at the risk and cost of the
contractor. Decision of the Engineer-in-Charge to be conveyed in writing in respect of the
same will be final and binding on the contractor.
CLAUSE 17
Contractor Liable for Damages, defects during defect liability period
If the contractor or his working people or servants shall break, deface, injure or destroy
any part building in which they may be working, or any building, road, road kerb, fence,
enclosure, water pipe, cables, drains, electric or telephone post or wires, trees, grass or
grassland, or cultivated ground contiguous to the premises on which the work or any part
is being executed, or if any damage shall happen to the work while in progress, from any
cause whatever or if any defect, shrinkage or other faults appear in the work within twelve
months (six months in the case of work costing Rs. Ten lacs and below except road work)
or of a sufficient portion of thereof. The security deposit of the contractor shall not be
refunded before the expiry of twelve months (six months in the case of work costing Rs.
Ten lacs and below except road work) after the issue of the certificate final or otherwise, of
completion of work, or till the final bill has been prepared and passed whichever is later.
Provided that in the case of road work, if in the opinion of the Engineer-in-Charge, half of
the security deposit is sufficient, to meet all liabilities of the contractor under this contract,
half of the security deposit will be refundable after six months and the remaining half after
twelve months of the issue of the said certificate of completion or till the final bill has been
prepared and passed whichever is later.
In case of Maintenance and Operation works of E&M services, the security deposit
deducted from contractors shall be refunded within one month from the date of final
payment or within one month from the date of completion of the maintenance contract
whichever is earlier.
CLAUSE 18
Contractor to Supply Tools & Plants etc.
The contractor shall provide at his own cost all materials (except such special materials,
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if any, as may in accordance with the contract be supplied from the Engineer-in-Charge‟s
stores), machinery, tools & plants as specified in schedule F. In addition to this,
appliances, implements, other plants, ladders, cordage, tackle, scaffolding and temporary
works required for the proper execution of the work, whether original, altered or substituted
and whether included in the specifications or other documents forming part of the contract
or referred to in these conditions or not, or which may be necessary for the purpose of
satisfying or complying with the requirements of the Engineer-in-Charge as to any matter
as to which under these conditions he is entitled to be satisfied, or which he is entitled to
require together with carriage therefore to and from the work. The contractor shall also
supply without charge the requisite number of persons with the means and materials,
necessary for the purpose of setting out works, and counting, weighing and assisting the
measurement for examination at any time and from time to time of the work or materials.
Failing his so doing, the same may be provided by the Engineer-in-Charge at the expense
of the contractor and the expenses may be deducted, from any money due to the
contractor, under this contract or otherwise and/or from his security deposit or the
proceeds of sale thereof, or of a sufficient portions thereof.
CLAUSE 18 A
Recovery of Compensation Paid to Workmen
In every case in which by virtue of the provisions sub-section (1) of Section 12, of the
Workmen‟s Compensation Act, 1923, NID is obliged to pay compensation to a workman
employed by the contractor, in execution of the works, NID will recover from the
contractor, the amount of the compensation so paid; and, without prejudice to the rights of
the NID under sub-section (2) of Section 12, of the said Act, NID shall be at liberty to
recover such amount or any part thereof by deducting it from the security deposit or from
any sum due by NID to the contractor whether under this contract or otherwise. NID shall
not be bound to contest any claim made against it under sub-section (1) of Section 12, of
the said Act, except on the written request of the contractor and upon his giving to NID full
security for all costs for which NID might become liable in consequence of contesting such
claim.
CLAUSE 18 B
Ensuring Payment and Amenities to Workers if Contractor fails
ln every case in which by virtue of the provisions of the Contract Labour (Regulation and
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Abolition) Act, 1970, and of the Contract Labour (Regulation and Abolition) Central Rules,
1971, NID is obliged to pay any amounts of wages to a workman employed by the
contractor in execution of the works, or to incur any expenditure in providing welfare and
health required to be provided under the above said Act and the rules under Clause 19H
or under the C.P.W.D. Contractor‟s Labour Regulations, or under the Rules framed by NID
from time to time for the protection of health and sanitary arrangements for workers
employed by C.P.W.D. Contractors, NID will recover from the contractor, the amount of
wages so paid or the amount of expenditure so incurred; and without prejudice to the
rights of the NID under sub-section(2) of Section 20, and sub-section (4) of Section 21, of
the Contract Labour (Regulation and Abolition) Act, 1970, NID shall be at liberty to recover
such amount or any part thereof by deducting it from the security deposit or from any sum
due by NID to the contractor whether under this contract or otherwise NID shall not be
bound to contest any claim made against it under sub-section (1) of Section 20, sub-
section (4) of Section 21, of the said Act, except on the written request of the contractor
and upon his giving to the NID full security for all costs for which NID might become liable
in contesting such claim.
CLAUSE 19
Labour Laws to be complied by the Contractor
The contractor shall obtain a valid licence under the Contract Labour (R&A) Act, 1970,
and the Contract Labour (Regulation and Abolition) Central Rules, 1971, before the
commencement of the work, and continue to have a valid license until the completion of
the work. The contractor shall also abide by the provisions of the Child Labour (Prohibition
and Regulation) Act, 1986.
The contractor shall also comply with the provisions of the building and other
Construction Workers (Regulation of Employment & Conditions of Service) Act, 1996 and
the building and other Construction Workers Welfare Cess Act, 1996.
Any failure to fulfil these requirements shall attract the penal provisions of this contract
arising out of the resultant non-execution of the work.
CLAUSE 19A
Payment of wages:
No labour below the age of fourteen years shall be employed on the work.
CLAUSE 19 B
Payment of wages:
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(i) The contractor shall pay to labour employed by him either directly or through
subcontractors, wages not less than fair wages as defined in the C.P.W.D.
Contractor‟s Labour Regulations or as per the provisions of the Contract Labour
(Regulation and Abolition) Act, 1970 and the contract Labour (Regulation and
Abolition) Central Rules, 1971, wherever applicable.
(ii) The contractor shall, notwithstanding the provisions of any contract to the contrary,
cause to be paid fair wage to labour indirectly engaged on the work, including any
labour engaged by his sub-contractors in connection with the said work, as if the
labour had been immediately employed by him.
(iii) In respect of all labour directly or indirectly employed in the works for performance of
the contractor‟s part of this contract, the contractor shall comply with or cause to be
complied with the Central Public Works Department contractor‟s Labour Regulations
made by Government from time to time in regard to payment of wages, wage period,
deductions from wages recovery of wages not paid and deductions unauthorized
made, maintenance of wage books or wage slips, publication of scale of wages and
other terms of employment, inspection and submission of periodical returns and all
other matters of the like nature or as per the provisions of the Contract Labour
(Regulation and Abolition) Act, 1970, and the Contract Labour (Regulation and
Abolition) Central Rules, 1971, wherever applicable.
(iv) (a) The Engineer-in-Charge concerned shall have the right to deduct from the
moneys due to the contractor any sum required or estimated to be required for
making good the loss suffered by a worker or workers by reason of non-fulfilment
of the conditions of the contract for the benefit of the workers, non-payment of
wages or of deductions made from his or their wages which are not justified by
their terms of the contract or non-observance of the Regulations.
(c) Under the provision of Minimum Wages (Central) Rules, 1950, the contractor is
bound to allow to the labours directly or indirectly employed in the works one day
rest for 6 days continuous work and pay wages at the same rate as for duty. In the
event of default, the Engineer-in-Charge shall have the right to deduct the sum or
sums not paid on account of wages for weekly holidays to any labours and pay the
same to the persons entitled thereto from any money due to the contractor by the
Engineer-in-Charge concerned.
In the case of Union Territory of Delhi, however, as the all inclusive minimum
daily wages fixed under Notification of the Delhi Administration
No.F.12(162)MWO/DAB/ 43884-91, dated 31-12-1979 as amended from time to
time are inclusive of wages for the weekly day of rest, the question of extra
payment for weekly holiday would not arise.
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(v) The contractor shall comply with the provisions of the Payment of Wages Act, 1936,
Minimum Wages Act, 1948, Employees Liability Act, 1938, Workmen‟s
Compensation Act, 1923, Industrial Disputes Act, 1947, Maternity Benefits Act, 1961,
and the Contractor‟s Labour (Regulation and Abolition) Act 1970, or the modifications
thereof or any other laws relating thereto and the rules made there under from time
to time.
(vi) The contractor shall indemnify and keep indemnified NID against payments to be
made under and for the observance of the laws aforesaid and the C.P.W.D.
Contractor‟s Labour Regulations without prejudice to his right to claim indemnity from
his sub-contractors.
(vii) The laws aforesaid shall be deemed to be a part of this contract and any breach
thereof shall be deemed to be a breach of this contract.
(viii) Whatever is the minimum wage for the time being, or if the wage payable is higher
than such wage, such wage shall be paid by the contractor to the workmen directly
without the intervention of Jamadar and that Jamadar shall not be entitled to deduct
or recover any amount from the minimum wage payable to the workmen as and by
way of commission or otherwise.
(ix) The contractor shall ensure that no amount by way of commission or otherwise is
deducted or recovered by the Jamadar from the wage of workmen.
CLAUSE 19C
In respect of all labour directly or indirectly employed in the work for the performance of
the contractor‟s part of this contract, the contractor shall at his own expense arrange for
the safety provisions as per C.P.W.D. Safety Code framed from time to time and shall at
his own expense provide for all facilities in connection therewith. In case the contractor
fails to make arrangement and provide necessary facilities as aforesaid, he shall be liable
to pay a penalty of Rs.200/- for each default and in addition, the Engineer-in- Charge shall
be at liberty to make arrangement and provide facilities as aforesaid and recover the costs
incurred in that behalf from the contractor.
CLAUSE 19 D
The contractor shall submit by the 4th and 19th of every month, to the Engineer-in-
Charge, a true statement showing in respect of the second half of the preceding month
and the first half of the current month respectively:-
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(1) the number of labourers employed by him on the work,
(2) their working yours,
(3) the wages paid to them,
(4) the accidents that occurred during the said fortnight showing the circumstances under
which they happened and the extent of damage and injury caused by them, and
(5) the number of female workers who have been allowed maternity benefit according to
Clause 19F and the amount paid to them.
Failing which the contractor shall be liable to pay to NID, a sum not exceeding Rs.200/-
for each default or materially incorrect statement. The decision of the NID Authorities shall
be final in deducting from any bill due to the contractor, the amount levied as fine and be
binding on the contractor.
CLAUSE 19 E
In respect of all labour directly or indirectly employed in the works for the performance of
the contractor‟s part of this contract, the contractor shall comply with or cause to be
complied with all the rules framed by NID from time to time for the protection of health and
sanitary arrangements for workers employed by the contractors.
CLAUSE 19 F
Leave and pay during leave shall be regulated as follows:-
1. Leave :
(i) in the case of delivery - maternity leave not exceeding 8 weeks, 4 weeks up to and
including the day of delivery and 4 weeks following that day,
(ii) in the case of miscarriage - upto 3 weeks from the date of miscarriage.
2. Pay :
(i) in the case of delivery - leave pay during maternity leave will be at the rate of the
women‟s average daily earnings, calculated on total wages earned on the days
when full time work was done during a period of three months immediately
preceding the date on which she gives notice that she expects to be confined or at
the rate of Rupee one only a day whichever is greater.
(ii) in the case of miscarriage - leave pay at the rate of average daily earning
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calculated on the total wages earned on the days when full time work was done
during a period of three months immediately preceding the date of such
miscarriage.
3. Conditions for the grant of Maternity Leave:
No maternity leave benefit shall be admissible to a woman unless she has been
employed for a total period of not less than six months immediately preceding the date
on which she proceeds on leave.
4. The contractor shall maintain a register of Maternity (Benefit) in the Prescribed Form
as shown in appendix -I and II, and the same shall be kept at the place of work.
CLAUSE 19 G
In the event of the contractor(s) committing a default or breach of any of the provisions
of the Central Public Works Department, Contractor‟s Labour Regulations and Model
Rules for the protection of health and sanitary arrangements for the workers as amended
from time to time or furnishing any information or submitting or filing any statement under
the provisions of the above Regulations and‟ Rules which is materially incorrect, he/they
shall, without prejudice to any other liability, pay to the NID a sum not exceeding Rs.200/-
for every default, breach or furnishing, making, submitting, filing such materially incorrect
statements and in the event of the contractor(s) defaulting continuously in this respect, the
penalty may be enhanced to Rs.200/- per day for each day of default subject to a
maximum of 5 percent of the estimated cost of the work put to tender. The decision of the
Engineer-in-Charge shall be final and binding on the parties.
Should it appear to the Engineer-in-Charge that the contractor(s) is/are not properly
observing and complying with the provisions of the C.P.W.D. Contractor‟s Labour
Regulations and Model Rules and the provisions of the Contract Labour (Regulation and
Abolition) Act 1970, and the Contract Labour (R& A) Central Rules 1971, for the protection
of health and sanitary arrangements for work-people employed by the contractor(s)
(hereinafter referred as “the said Rules”) the Engineer-in-Charge shall have power to give
notice in writing to the contractor(s) requiring that the said Rules be complied with and the
amenities prescribed therein be provided to the work-people within a reasonable time to
be specified in the notice. If the contractor(s) shall fail within the period specified in the
notice to comply with and/observe the said Rules and to provide the amenities to the work-
people as aforesaid, the Engineer-in-Charge shall have the power to provide the amenities
hereinbefore mentioned at the cost of the contractor(s). The contractor(s) shall erect,
make and maintain at his/their own expense and to approved standards all necessary huts
and sanitary arrangements required for his/their work-people on the site in connection with
the execution of the works, and if the same shall not have been erected or constructed,
according to approved standards, the Engineer-in-Charge shall have power to give notice
in writing to the contractor(s) requiring that the said huts and sanitary arrangements be
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remodelled and/or reconstructed according to approved standards, and if the contractor(s)
shall fail to remodel or reconstruct such huts and sanitary arrangements according to
approved standards within the period specified in the notice, the Engineer-in-Charge shall
have the power to remodel or reconstruct such huts and sanitary arrangements according
to approved standards at the cost of the contractor(s).
CLAUSE 19 H
The contractor(s) shall at his/their own cost provide his/their labour with a sufficient
number of huts (herein after referred to as the camp) of the following specifications on a
suitable plot of land to be approved by the Engineer-in-Charge.
(i) (a) The minimum height of each hut at the eaves level shall be 2.10m (7 ft.) and the
floor area to be provided will be at the rate of 2.7 sq.m. (30 sq.ft.)for each member
of the worker‟s family staying with the labourer.
(a) The contractor(s) shall in addition construct suitable cooking places having a
minimum area of 1.80m x 1.50m (6‟x5') adjacent to the hut for each family.
(b) The contractor(s) shall also construct temporary latrines and urinals for the use of
the labourers each on the scale of not less than four per each one hundred of the
total strength, separate latrines and urinals being provided for women.
(c) The contractor(s) shall construct sufficient number of bathing and washing places,
one unit for every 25 persons residing in the camp. These bathing and washing
places shall be suitably screened.
(ii) (a) All the huts shall have walls of sun-dried or burnt-bricks laid in mud mortar or
other suitable local materials as may be approved by the Engineer-in-Charge. In
case of sun-dried bricks, the walls should be plastered with mud gobri on both
sides. The floor may be kutcha but plastered with mud gobri and shall be at least
15 cm (6") above the surrounding ground. The roofs shall be laid with thatch or
any other materials as may be approved by the Engineer-in-Charge and the
contractor shall ensure that throughout the period of their occupation, the roofs
remain water-tight.
(b) The contractor(s) shall provide each hut with proper ventilation.
(c) All doors, windows, and ventilators shall be provided with suitable leaves for
security purposes.
(d) There shall be kept an open space of at least 7.2m (8 yards) between the rows of
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huts which may be reduced to 6m (20 ft.) according to the availability of site with
the approval of the Engineer-in-Charge. Back to back construction will be allowed.
(iii)Water Supply - The contractor(s) shall provide adequate supply of water for the use of
labourers. The provisions shall not be less than two gallons of pure and wholesome
water per head per day for drinking purposes and three gallons of clean water per
head per day for bathing and washing purposes. Where piped water supply is
available, supply shall be at stand posts and where the supply is from wells or river,
tanks which may be of metal or masonry, shall be provided. The contractor(s) shall
also at his/ their own cost make arrangements for laying pipe lines for water supply to
his/ their labour camp from the existing mains wherever available, and shall pay all
fees and charges therefore.
(iv)The site selected for the camp shall be high ground, removed from jungle.
(v) Disposal of Excreta- The contractor(s) shall make necessary arrangements for the
disposal of excreta from the latrines by trenching or incineration which shall be
according to the requirements laid down by the Local Health Authorities. If trenching or
incineration is not allowed, the contractor(s) shall make arrangements for the removal
of the excreta through the Municipal Committee/authority and inform it about the
number of labourers employed so that arrangements may be made by such
Committee/authority for the removal of the excreta. All charges on this account shall
be borne by the contractor and paid direct by him to the Municipality/authority. The
contractor shall provide one sweeper for every eight seats in case of dry system.
(vi) Drainage - The contractor(s) shall provide efficient arrangements for draining away
sullage water so as to keep the camp neat and tidy.
(vii) The contractor(s) shall make necessary arrangements for keeping the camp area
sufficiently lighted to avoid accidents to the workers.
(viii)Sanitation - The contractor(s) shall make arrangements for conservancy and
sanitation the labour camps according to the rules of the Local Public Health and
Medical Authorities.
CLAUSE 19 I
The Engineer-in-Charge may require the contractor to dismiss or remove from the site of
the work any person or persons in the contractors‟ employ upon the work who may be
incompetent or misconduct himself and the contractor shall forthwith comply with such
requirements. In respect of maintenance/repair or renovation works etc. where the labour
have an easy access to the individual houses, the contractor shall issue identity cards to
the labourers, whether temporary or permanent and he shall be responsible for any
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untoward action on the part of such labour. AE/JE will display a list of contractors working
in the colony/Blocks on the notice board in the colony and also at the service centre, to
apprise the residents about the same.
CLAUSE 19J
It shall be the responsibility of the contractor to see that the building under construction
is not occupied by anybody unauthorized during construction, and is handed over to the
Engineer-in-Charge with vacant possession of complete building. If such building though
completed is occupied illegally, then the Engineer-in-Charge shall have the option to
refuse to accept the said building/buildings in that position. Any delay in acceptance on
this account will be treated as the delay in completion and for such delay, a levy upto 5%
of tendered value of work may be imposed by the NID Authority whose decision shall be
final both with regard to the justification and quantum and be binding on the contractor.
However, the NID Authority, through a notice, may require the contractor to remove the
illegal occupation any time on or before construction and delivery.
CLAUSE 19K
Employment of skilled/semi skilled workers
The contractor shall, at all stages of work, deploy skilled/semi skilled tradesmen who are
qualified and possess certificate in particular trade from CPWD Training Institute/
IndustrialTraining Institute/National Institute of construction Management and Research
(NICMAR)/National Academy of Construction, CIDC or any similar reputed and recognized
Institute managed/certified by State/Central Government. The number of such qualified
tradesmen shall not be less than 20% of total skilled/semi skilled workers required in each
trade at any stage of work. The contractor shall submit number of man days required in
respect of each trade, its scheduling and the list of qualified tradesmen along with requisite
certificate from recognized Institute to Engineer in charge for approval. Notwithstanding
such approval, if the tradesmen are found to have inadequate skill to execute the work of
respective trade, the contractor shall substitute such tradesmen within two days of written
notice from Engineering-in- Charge. Failure on the part of contractor to obtain approval of
Engineer-in-Charge or failure to deploy qualified tradesmen will attract a compensation to
be paid by contractor at the rate of Rs. 100 per such tradesman per day. Decision of
Engineer in Charge as to whether particular tradesman possesses requisite skill and
amount of compensation in case of default shall be final and binding.
Provided always, that the provisions of this clause, shall not be applicable for works with
estimated cost put to tender being less than Rs. 5 crores.
CLAUSE 19L
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Contribution of EPF and ESI
The ESI and EPF contributions on the part of employer in respect of this contract shall
be paid by the contractor. These contributions on the part of the employer paid by the
contractor shall be reimbursed by the Engineer-in-charge to the contractor on actual basis.
CLAUSE 20
Minimum Wages Act to be Complied with
The contractor shall comply with all the provisions of the Minimum Wages Act, 1948, and
Contract Labour (Regulation and Abolition) Act, 1970, amended from time to time and
rules framed thereunder and other labour laws affecting contract labour that may be
brought into force from time to time.
CLAUSE 21
Work not to be sublet. Action in case of insolvancy
The contract shall not be assigned or sublet without the written approval of the paid by
contractor at the rate of Rs. 100 per such tradesman as per day. Decision of Engineer-in-
Charge as to whether particular tradesman possesses requisite skill and amount of
compensation in case of default shall be final and binding. And if the contractor shall
assign or sublet his contract, or attempt to do so, or become insolvent or commence any
insolvency proceedings or make any composition with his creditors or attempt to do so, or
if any bribe, gratuity, gift, loan, perquisite, reward or advantage pecuniary or otherwise,
shall either directly or indirectly, be given, promised or offered by the contractor, or any of
his servants or agent to any public officer or person in the employ of NID in any way
relating to his office or employment, or if any such officer or person shall become in any
way directly or indirectly interested in the contract, the Engineer-in-Charge on behalf of the
NID Authority shall have power to adopt the course specified in Clause 3 hereof in the
interest of NID and in the event of such course being adopted, the consequences specified
in the said Clause 3 shall ensue.
CLAUSE 22
All sums payable by way of compensation under any of these conditions shall be
considered as reasonable compensation to be applied to the use of NID without reference
to the actual loss or damage sustained and whether or not any damage shall have been
sustained.
CLAUSE 23
Changes in firm’s Constitution to be intimated
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Where the contractor is a partnership firm, the previous approval in writing of the
Engineerin-Charge shall be obtained before any change is made in the constitution of the
firm. Where the contractor is an individual or a Hindu undivided family business concern,
such approval as aforesaid shall likewise be obtained before the contractor enters into any
partnership agreement where under the partnership firm would have the right to carry out
the works hereby undertaken by the contractor. If previous approval as aforesaid is not
obtained, the contract shall be deemed to have been assigned in contravention of Clause
21 hereof and the same action may be taken, and the same consequences shall ensue as
provided in the said Clause 21.
CLAUSE 24
All works to be executed under the contract shall be executed under the direction and
subject to the approval in all respects of the Engineer-in-Charge who shall be entitled to
direct at what point or points and in what manner they are to be commenced, and from
time to time carried on.
CLAUSE 25
Settlement of Disputes & Arbitration
Except where otherwise provided in the contract, all questions and disputes relating to
the meaning of the specifications, design, drawings and instructions here-in before
mentioned and as to the quality of workmanship or materials used on the work or as to any
other question, claim, right, matter or thing whatsoever in any way arising out of or relating
to the contract, designs, drawings, specifications, estimates, instructions, orders or these
conditions or otherwise concerning the works or the execution or failure to execute the
same whether arising during the progress of the work or after the cancellation, termination,
completion or abandonment thereof shall be dealt with as mentioned hereinafter:
(i) If the NID Authority fails to give his instructions or decision in writing within the
aforesaid period or if the contractor is dissatisfied with the instructions or decision of
the NID Authority, the contractor may, within 15 days of the receipt of NID Authority
decision, appeal to the Building committee/standing committee who shall afford an
opportunity to the contractor to be heard, if the latter so desires, and to offer evidence
in support of his appeal. The Chief Engineer Building committee/standing committee
shall give his decision within 30 days of receipt of contractor‟s appeal. Building
committee/standing committee the contractor may within 30 days from the receipt of
the Building committee/standing committee decision, appeal before the give notice to
the Building committee/standing committee for appointment or arbitrator. On
prescribed perform as per Appendix XV, falling which the said decision shall be final
binding and conclusive and not referable to adjudication by the contractor.
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It is a term of contract that each party invoking arbitration must exhaust the aforesaid
mechanism of settlement of claims/disputes prior to invoking arbitration.
(ii) Except where the decision has become final, binding and conclusive in terms of Sub
Para (i) above, disputes or difference shall be referred for adjudication through
arbitration by a sole arbitrator appointed by the Building committee/standing
committee, CPWD, in charge of the work the arbitrator so appointed is unable or
unwilling to act or resigns his appointment or vacates his office due to any reason
whatsoever, another sole arbitrator shall be appointed in the manner aforesaid. Such
person shall be entitled to proceed with the reference from the stage at which it was
left by his predecessor.
It is a term of this contract that the party invoking arbitration shall give a list of disputes
with amounts claimed in respect of each such dispute along with the notice for
appointment of arbitrator and giving reference to the rejection by the Building
committee/standing committee of the appeal.
It is also a term of this contract that no person, other than a person appointed by such
Building committee/standing committee as aforesaid, should act as arbitrator and if for
any reason that is not possible, the matter shall not be referred to arbitration at all.
It is also a term of this contract that if the contractor does not make any demand for
appointment of arbitrator in respect of any claims in writing as aforesaid within 120
days of receiving the intimation from the Engineer-in-charge that the final bill is ready
for payment, the claim of the contractor shall be deemed to have been waived and
absolutely barred and the NID shall be discharged and released of all liabilities under
the contract in respect of these claims.
The arbitration shall be conducted in accordance with the provisions of the Arbitration
and Conciliation Act, 1996 (26 of 1996) or any statutory modifications or re-enactment
thereof and the rules made thereunder and for the time being in force shall apply to the
arbitration proceeding under this clause.
It is also a term of this contract that the arbitrator shall adjudicate on only such
disputes as are referred to him by the appointing authority and give separate award
against each dispute and claim referred to him and in all cases where the total amount
of the claims by any party exceeds Rs. 1,00,000/-, the arbitrator shall give reasons for
the award.
It is also a term of the contract that if any fees are payable to the arbitrator, these shall
be paid equally by both the parties. It is also a term of the contract that the arbitrator
shall be deemed to have entered on the reference on the date he issues notice to both
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the parties calling them to submit their statement of claims and counter statement of
claims. The venue of the arbitration shall be such place as may be fixed by the
arbitrator in his sole discretion. The fees, if any, of the arbitrator shall, if required to be
paid before the award is made and published, be paid half and half by each of the
parties. The cost of the reference and of the award (including the fees, if any, of the
arbitrator) shall be in the discretion of the arbitrator who may direct to any by whom
and in what manner, such costs or any part thereof shall be paid and fix or settle the
amount of costs to be so paid.
CLAUSE 26
Contractor to indemnify Govt. against Patent Rights
The contractor shall fully indemnify and keep indemnified the NID Authority against any
action, claim or proceeding relating to infringement or use of any patent or design or any
alleged patent or design rights and shall pay any royalties which may be payable in
respect of any article or part thereof included in the contract. In the event of any claims
made under or action brought against NID in respect of any such matters as aforesaid, the
contractor shall be immediately notified thereof and the contractor shall be at liberty, at his
own expense, to settle any dispute or to conduct any litigation that may arise therefrom,
provided that the contractor shall not be liable to indemnify the NID Authority if the
infringement of the patent or design or any alleged patent or design right is the direct result
of an order passed by the Engineer-in-Charge in this behalf.
CLAUSE 27
Lumpsum Provisions in Tender
When the estimate on which a tender is made includes lump sum in respect of parts of the
work, the contractor shall be entitled to payment in respect of the items of work involved or
the part of the work in question at the same rates as are payable under this contract for
such items, or if the part of the work in question is not, in the opinion of the Engineer-in-
Charge payable of measurement, the Engineer-in-Charge may at his discretion pay the
lump-sum amount entered in the estimate, and the certificate in writing of the Engineer-in-
Charge shall be final and conclusive against the contractor with regard to any sum or
sums payable to him under the provisions of the clause.
CLAUSE 28
Action where no Specifications are specified
In the case of any class of work for which there is no such specifications as referred to in
Clause 11, such work shall be carried out in accordance with the Bureau of Indian
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Standards Specifications. In case there are no such specifications in Bureau of Indian
Standards, the work shall be carried out as per manufacturers‟ specifications, if not
available then as per District Specifications. In case there are no such specifications as
required above, the work shall be carried out in all respects in accordance with the
instructions and requirements of the Engineer-in-Charge.
CLAUSE 29
Withholding and lien in respect of sum due from contractor
(i) Whenever any claim or claims for payment of a sum of money arises out of or under
the contract or against the contractor, the Engineer-in-Charge or the NID shall be
entitled to withhold and also have a lien to retain such sum or sums in whole or in part
from the security, if any deposited by the contractor and for the purpose aforesaid, the
Engineer-in- Charge or the NID shall be entitled to withhold the security deposit, if any,
furnished as the case may be and also have a lien over the same pending finalisation
or adjudication of any such claim. In the event of the security being insufficient to cover
the claimed amount or amounts or if no security has been taken from the contractor,
the Engineer-in-Charge or the NID be entitled to withhold and have a lien to retain to
the extent of such claimed amount or amounts referred to above, from any sum or
sums found payable or which may at any time thereafter become payable to the
contractor under the same contract or any other contract with the Engineer-in-Charge
of the NID or any contracting person through the Engineer-in-Charge pending
finalization of adjudication of any such claim.
It is an agreed term of the contract that the sum of money or moneys so withheld or
retained under the lien referred to above by the Engineer-in-Charge or NID will be kept
withheld or retained as such by the Engineer-in-Charge or NID till the claim arising out
of or under the contract is determined by the arbitrator(if the contract is governed by
the arbitration clause) by the competent court, as the case may be and that the
contractor will have no claim for interest or damages whatsoever on any account in
respect of such withholding or retention under the lien referred to above and duly
notified as such to the contractor. For the purpose of this clause, where the contractor
is a partnership firm or a limited company, the Engineer-in-Charge or the NID shall be
entitled to withhold and also have a lien to retain towards such claimed amount or
amounts in whole or in part from any sum found payable to any partner/limited
company as the case may be, whether in his individual capacity or otherwise.
(ii) NID shall have the right to cause an audit and technical examination of the works and
the final bills of the contractor including all supporting vouchers, abstract, etc., to be
made after payment of the final bill and if as a result of such audit and technical
examination any sum is found to have been overpaid in respect of any work done by
the contractor under the contract or any work claimed to have been done by him under
the contract and found not to have been executed, the contractor shall be liable to
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refund the amount of over-payment and it shall be lawful for Government to recover
the same from him in the manner prescribed in sub-clause (i) of this clause or in any
other manner legally permissible; and if it is found that the contractor was paid less
than what was due to him under the contract in respect of any work executed by him
under it, the amount of such under payment shall be duly paid by NID to the
contractor, without any interest thereon whatsoever.
Provided that the NID shall not be entitled to recover any sum overpaid, nor the
contractor shall be entitled to payment of any sum paid short where such payment has
been agreed upon between the NID Authority or Engineer-in- Charge on the one hand
and the contractor on the other under any term of the contract permitting payment for
work after assessment by the NID Authority or Engineer-in- Charge.
CLAUSE 29A
Lien in respect of claims in other Contracts
Any sum of money due and payable to the contractor (including the security deposit
returnable to him) under the contract may be withheld or retained by way of lien by the
Engineer-in-Charge or the NID or any other contracting person or persons through
Engineer-in-Charge against any claim of the Engineer-in-Charge or NID or such other
person or persons in respect of payment of a sum of money arising out of or under any
other contract made by the contractor with the Engineer- in-Charge or the NID or with such
other person or persons.
It is an agreed term of the contract that the sum of money so withheld or retained under
this clause by the Engineer-in-Charge or the NID will be kept withheld or retained as such
by the Engineer-in-Charge or the NID or till his claim arising out of the same contract or
any other contract is either mutually settled or determined by the arbitration clause or by
the competent court, as the case may be and that the contractor shall have no claim for
interest or damages whatsoever on this account or on any other ground in respect of any
sum of money withheld or retained under this clause and duly notified as such to the
contractor.
CLAUSE 30
Employment of coal mining or controlled area labour not permissible
The contractor shall not employ coal mining or controlled area labour falling under any
category whatsoever on or in connection with the work or recruit labour from area within a
radius of 32 km (20 miles) of the controlled area. Subject as above the contractor shall
employ imported labour only i.e., deposit imported labour or labour imported by
contractors from area, from which import is permitted.
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Where ceiling price for imported labour has been fixed by State or Regional Labour
Committees not more than that ceiling price shall be paid to the labour by the contractor.
The contractor shall immediately remove any labourer who may be pointed out by the
Engineer-in-Charge as being a coal mining or controlled area labourer. Failure to do so
shall render the contractor liable to pay to NID a sum calculated at the rate of Rs.10/- per
day per labourer. The certificate of the Engineer-in-Charge about the number of coal
mining or controlled area labourer and the number of days for which they worked shall be
final and binding upon all parties to this contract.
It is declared and agreed between the parties that the aforesaid stipulation in this clause is
one in which the public are interested within the meaning of the exception in Section 74 of
Indian Contract Act, 1872.
Explanation:- Controlled Area means the following areas:
Districts of Dhanbad, Hazaribagh, Jamtara - a Sub-Division under Santhal Pargana
Commissionery, Districts of Bankuara, Birbhum, Burdwan, District of Bilaspur.
Any other area which may be declared a Controlled Area by or with the approval of the
NID.
CLAUSE 31
Unfiltered water supply
The contractor(s) shall make his/their own arrangements for water required for the work
and nothing extra will be paid for the same. This will be subject to the following conditions.
(i) That the water used by the contractor(s) shall be fit for construction
purposes to the satisfaction of the Engineer-in-Charge.
(ii) The Engineer-in-Charge shall make alternative arrangements for supply of water at the
risk and cost of contractor(s) if the arrangements made by the contractor(s) for
procurement of water are in the opinion of the Engineer-in- Charge, unsatisfactory.
CLAUSE 31 A
Departmental water supply, if available
Water if available may be supplied to the contractor by the department subject to the
following conditions:-
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(i) The water charges @ 1 % shall be recovered on gross amount of the work done.
(ii) The contractor(s) shall make his/their own arrangement of water connection and laying
of pipelines from existing main of source of supply.
(iii) The Department do not guarantee to maintain uninterrupted supply of water and it will
be incumbent on the contractor(s) to make alternative arrangements for water at his/
their own cost in the event of any temporary break down in the NID water main so that
the progress of his/their work is not held up for want of water. No claim of damage or
refund of water charges will be entertained on account of such break down.
CLAUSE 32
Alternate water arrangements
(i) Where there is no piped water supply arrangement and the water is taken by the
contractor from the wells or hand pump constructed by the NID, no charge shall be
recovered from the contractor on that account. The contractor shall, however, draw
water at such hours of the day that it does not interfere with the normal use for which
the hand pumps and wells are intended. He will also be responsible for all damage and
abnormal repairs arising out of his use, the cost of which shall be recoverable from
him. The Engineer-in-Charge shall be the final authority to determine the cost
recoverable from the contractor on this account and his decision shall be binding on
the contractor.
(ii) The contractor shall be allowed to construct temporary wells in NID land for taking
water for construction purposes only after he has got permission of the Engineer-in-
Charge in writing. No charges shall be recovered from the contractor on this account,
but the contractor shall be required to provide necessary safety arrangements to avoid
any accidents or damage to adjacent buildings, roads and service lines. He shall be
responsible for any accidents or damage caused due to construction and subsequent
maintenance of the wells and shall restore the ground to its original condition after the
wells are dismantled on completion of the work.
CLAUSE 33
Return of Surplus materials
Notwithstanding anything contained to the contrary in this contract, where any materials
for the execution of the contract are procured with the assistance of Government either by
issue from NID stocks or purchase made under orders or permits or licences issued by
NID, the contractor shall hold the said materials economically and solely for the purpose of
the contract and not dispose of them without the written permission of the NID and return,
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if required by the Engineer-in-Charge, all surplus or unserviceable materials that may be
left with him after the completion of the contract or at its termination for any reason
whatsoever on being paid or credited such price as the Engineer-in-Charge shall
determine having due regard to the condition of the materials. The price allowed to the
contractor however shall not exceed the amount charged to him excluding the element of
storage charges. The decision of the Engineer-in-Charge shall be final and conclusive. In
the event of breach of the aforesaid condition, the contractor shall in addition to throwing
himself open to action for contravention of the terms of the licence or permit and/or for
criminal breach of trust, be liable to NID for all moneys, advantages or profits resulting or
which in the usual course would have resulted to him by reason of such breach.
CLAUSE 34
Hire of Plant & Machinery
(i) The contractor shall arrange at his own expense all tools, plant, machinery and
equipment (hereinafter referred to as T&P) required for execution of the work except
for the Plant & Machinery listed in Schedule „C‟ and stipulated for issue to the
contractor. If the contractor requires any item of T&P on hire from the T&P available
with the NID over and above the T&P stipulated for issue, the NID will, if such item is
available, hire it to the contractor at rates to be agreed upon between him and the
Engineer-in-Charge. In such a case, all the conditions hereunder for issue of T&P shall
also be applicable to such T&P as is agreed to be issued.
(ii) Plant and Machinery when supplied on hire charges shown in Schedule „C‟ shall be
made over and taken back at the departmental equipment yard/shed shown in
Schedule „C‟ and the contractor shall bear the cost of carriage from the place of issue
to the site of work and back. The contractor shall be responsible to return the plant and
machinery with condition in which it was handed over to him, and he shall be
responsible for all damage caused to the said plant and machinery at the site of work
or elsewhere in
operation and otherwise during transit including damage to or loss of plant and for all
losses due to his failure to return the same soon after the completion of the work for
which it was issued. The Divisional Engineer shall be the sole judge to determine the
liability of the contractor and its extent in this regard and his decision shall be final and
binding on the contractor.
(iii) The plant and machinery as stipulated above will be issued as and when available and
if required by the contractor. The contractor shall arrange his programme of work
according to the availability of the plant and machinery and no claim, whatsoever, will
be entertained from him for any delay in supply by the Department.
(iv) The hire charges shall be recovered at the prescribed rates from and inclusive of the
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date the plant and machinery made over upto and inclusive of the date of the return in
good order even though the same may not have been working for any cause except
major breakdown due to no fault of the contractor or faulty use requiring more than
three working days continuously (excluding intervening holidays and Sundays) for
bringing the plant in order. The contractor shall immediately intimate in writing to the
Engineer-in- Charge when any plant or machinery gets out of order requiring major
repairs as aforesaid. The Engineer-in-Charge shall record the date and time of receipt
of such intimation in the log sheet of the plant or machinery. Based on this if the
breakdown before lunch period or major breakdown will be computed considering half
a day‟s breakdown on the day of complaint. If the breakdown occurs in the post lunch
period of major breakdown will be computed starting from the next working day. In
case of any dispute under this clause, the decision of the NID Authority shall be final
and binding on the contractor.
(v) The hire charges shown above are for each day of 8 hours (inclusive of the one hour
lunch break) or part thereof.
(vi) Hire charges will include service of operating staff as required and also supply of
lubricating oil and stores for cleaning purposes. Power fuel of approved type, firewood,
kerosene oil etc. for running the plant and machinery and also the full time chowkidar
for guarding the plant and machinery against any loss or damage shall be arranged by
the contractor who shall be fully responsible for the safeguard and security of plant and
machinery. The contractor shall on or before the supply of plant and machinery sign an
agreement indemnifying the Department against any loss or damage caused to the
plant and machinery either during transit or at site of work.
(vii) Ordinarily, no plant and machinery shall work for more than 8 hours a day inclusive of
one hour lunch break. In case of an urgent work however, the Engineer-in-Charge
may, at his discretion, allow the plant and machinery to be worked for more than
normal period of 8 hours a day. In that case, the hourly hire charges for overtime to be
borne by the contractor shall be 50% more than the normal proportionate hourly
charges (1/8th of the daily charges) subject to a minimum of half day‟s normal charges
on any particular day. For working out hire charges for over time, a period of half an
hour and above will be charged as one hour and a period of less than half an hour will
be ignored.
(viii) The contractor shall release the plant and machinery every seventh day
for periodical servicing and/or wash out which may take about three to four hours or
more. Hire charges for full day shall be recovered from the contractor for the day of
servicing/ wash out irrespective of the period employed in servicing.
(ix) The plant and machinery once issued to the contractor shall not be returned by him on
account of lack of arrangements of labour and materials, etc. on his part, the same will
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be returned only when they are required for major repairs or when in the opinion of the
Engineer-in-Charge, the work or a portion of work for which the same was issued is
completed.
(x) Log Book for recording the hours of daily work for each of the plant and machinery
supplied to the contractor will be maintained by the Department and will be
countersigned by the contractor or his authorized agent daily. In case the contractor
contests the correctness of the entries and/or fails to sign the Log Book, the decision
of the Engineer-in-Charge shall be final and binding on him. Hire charges will be
calculated according to the entries in the Log Book and will be binding on the
contractor. Recovery on account of hire charges for road rollers shall be made for the
minimum number of days worked out on the assumption that a roller can consolidate
per day and maximum quantity of materials or area surfacing as noted against each in
the annexed statement (see attached annexure).
(xi) In the case of concrete mixers, the contractors shall arrange to get the hopper cleaned
and the drum washed at the close of the work each day or each occasion.
(a) In case rollers for consolidation are employed by the contractor himself, log book for
such rollers shall be maintained in the same manner as is done in case of
departmental rollers, maximum quantity of any items to be consolidated for each roller-
day shall also be same as in Annexure to Clause 34(x). For less use of rollers,
recovery for the less roller days shall be made at the stipulated issue rate.
(xii) The contractor shall be responsible to return the plant and machinery in the condition
in which it was handed over to him and he shall be responsible for all damage caused
to the said plant and machinery at the site of work or elsewhere in operation or
otherwise or during transit including damage to or loss of parts, and for all losses due
to his failure to return the same soon after the completion of the work for which it was
issued. The Divisional Engineer shall be the sole judge to determine the liability of the
contractor and its extent in this regard and his decision shall be final and binding on
the contractor.
(xiii) The contractor will be exempted from levy of any hire charges for the
number of days he is called upon in writing by the Engineer-in-Charge to suspend
execution of the work, provided NID plant and machinery in question have, in fact,
remained idle with the contractor because of the suspension
(xiv) In the event of the contractor not requiring any item of plant and
machinery issued by NID though not stipulated for issue in Schedule „C‟ any time after
taking delivery at the place of issue, he may return it after two days written notice or at
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any time without notice if he agrees to pay hire charges for two additional days without,
in any way, affecting the right of the Engineer-in-Charge to use the said plant and
machinery during the said period of two days as he likes including hiring out to a third
party.
CLAUSE 35
Condition relating to use of asphaltic materials
(i) The contractor undertakes to make arrangement for the supervision of the work by the
firm supplying the tar or bitumen used.
(ii) The contractor shall collect the total quantity of tar or bitumen required for the work as
per standard formula, before the process of painting is started and shall hypothecate it
to the Engineer-in-Charge. If any bitumen or tar remains unused on completion of the
work on account of lesser use of materials in actual execution for reasons other than
authorized changes of specifications and abandonment of portion of work, a
corresponding deduction equivalent to the cost of unused materials as determined by
the Engineer-in-Charge shall be made and the material return to the contractors.
Although the materials are hypothecated to Government, the contractor undertakes the
responsibility for their proper watch, safe custody and protection against all risks. The
materials shall not be removed from site of work without the consent of the Engineer-
in- Charge in writing.
(iii) The contractor shall be responsible for rectifying defects noticed within a year from the
date of completion of the work and the portion of the security deposit relating to
asphaltic work shall be refunded after the expiry of this period.
CLAUSE 36
Employment of Technical Staff and employees
Contractors Superintendence, Supervision, Technical Staff & Employees
(i) The contractor shall provide all necessary superintendence during execution of the
work and all along thereafter as may be necessary for proper fulfilling of the obligations
under the contract.
The contractor shall immediately after receiving letter of acceptance of the tender and
before commencement of the work, intimate in writing to the Engineer-in-Charge, the
name(s), qualifications, experience, age, address(s) and other particulars along with
certificates, of the principal technical representative to be in charge of the work and
other technical representative(s) who will be supervising the work. Minimum
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requirement of such technical representative(s) and their qualifications and experience
shall not be lower than specified in Schedule „F‟. The Engineer-in-Charge shall within 3
days of receipt of such communication intimate in writing his approval or otherwise of
such a representative(s) to the contractor. Any such approval may at any time be
withdrawn and in case of such withdrawal, the contractor shall appoint another such
representative(s) according to the provisions of this clause. Decision of the tender
accepting authority shall be final and binding on the contractor in this respect. Such a
principal technical representative and other technical representative(s) shall be
appointed by the contractor soon after receipt of the approval from Engineer-in-charge
and shall be available at site before start of work.
All the provisions applicable to the principal technical representative under the Clause
will also be applicable to other technical representative(s) The principal technical
representative and other technical representative(s) shall be present at the site of work
for supervision at all times when any construction activity is in progress and also
present himself/themselves, as required, to the Engineer-in-Charge and/or his
designated representative to take instructions. Instructions given to the principal
technical representative or other technical representative(s) shall be deemed to have
the same force as if these have been given to the contractor. The principal technical
representative and other technical representative(s) shall be actually available at site
fully during all stages of execution of work, during recording/checking/test checking of
measurements of works and whenever so required by the Engineer-in-Charge and
shall also note down instructions conveyed by the Engineer-in- Charge or his
designated representative(s) in the site order book and shall affix his/their signature in
token of noting down the instructions and in token of acceptance of measurements/
checked measurements/ test checked measurements. The representative(s) shall not
look after any other work. Substitutes, duly approved by Engineer-in-Charge of the
work in similar manner as aforesaid shall be provided in event of absence of any of the
representative(s) by more than two days.
If the Engineer-in-Charge, whose decision in this respect is final and binding on the
contractor, is convinced that no such technical representative(s) is/are effectively
appointed or is/are effectively attending or fulfilling the provision of this clause, a
recovery (non-refundable) shall be effected from the contractor as specified in
Schedule „F‟ and the decision of the Engineer-In-Charge as recorded in the site order
book and measurement recorded checked/test checked in Measurement Books shall
be final and binding on the contractor. Further if the contractor fails to appoint suitable
technical Principal technical representative and/or other technical representative(s)
and if such appointed persons are not effectively present or are absent by more than
two days without duly approved substitute or do not discharge their responsibilities
satisfactorily, the Engineer-in-Charge shall have full powers to suspend the execution
of the work until such date as suitable other technical representative(s) is/are
appointed and the contractor shall be held responsible for the delay so caused to the
work. The contractor shall submit a certificate of employment of the technical
representative(s) (in the form of copy of Form-16 or CPF deduction issued to the
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Engineers employed by him) along with every on account bill final bill and shall
produce evidence if at any time so required by the Engineer-in-Charge.
(ii) The contractor shall provide and employ on the site only such technical assistants as
are skilled and experienced in their respective fields and such foremen and
supervisory staff as are competent to give proper supervision to the work.
The contractor shall provide and employ skilled, semiskilled and unskilled labour as is
necessary for proper and timely execution of the work.
The Engineer-in-Charge shall be at liberty to object to and require the contractor to
remove from the works any person who in his opinion misconducts himself, or is
incompetent or negligent in the performance of his duties or whose employment is
otherwise considered by the Engineer-in-Charge to be undesirable. Such person shall
not be employed again at works site without the written permission of the Engineer-in-
Charge and the persons so removed shall be replaced as soon as possible by
competent substitutes.
CLAUSE 37
Levy/Taxes payable by Contractor
(i) Sales Tax/VAT (except Service Tax), Building and other Construction Workers Welfare
Cess or any other tax or Cess in respect of this contract shall be payable by the
contractor and NID shall not entertain any claim whatsoever in this respect. Of this
contract shall be payable by the contractor and NID shall not entertain any claim
whatsoever in this respect. However, in respect of service tax, same shall be paid by
the contractor to the concerned department on demand and it will be reimbursed to
him by the Engineer-in-Charge after satisfying that it has been actually and genuinely
paid by the contractor.
(ii) The contractor shall deposit royalty and obtain necessary permit for supply of the red
bajri, stone, kankar, etc. from local authorities.
If pursuant to or under any law, notification or order any royalty, cess or the like
becomes payable by the NID and does not any time become payable by the contractor
to the NID, Local authorities in respect of any material used by the contractor in the
works, then in such a case, it shall be lawful to the NID and it will have the right and be
entitled to recover the amount paid in the circumstances as aforesaid from dues of the
contractor.
CLAUSE 38
Conditions for reimbursement of levy/taxes if levied after receipt of tenders
(i) All tendered rates shall be inclusive of all taxes and levies (except Service Tax)
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payable under respective statutes. However, if any further tax or levy or cess is
imposed by Statute, after the last stipulated date for the receipt of tender including
extensions if any and the contractor thereupon necessarily and properly pays such
taxes/levies/cess, the contractor shall be reimbursed the amount so paid, provided
such payments, if any, is not, in the opinion of the NID Authority (whose decision shall
be final and binding on the contractor) attributable to delay in execution of work within
the control of the contractor.
(ii) The contractor shall keep necessary books of accounts and other documents for the
purpose of this condition as may be necessary and shall allow inspection of the same
by a duly authorized representative of the NID and/or the Engineer-in-Charge and shall
also furnish such other information/document as the Engineer-in-Charge may require
from time to time.
(iii) The contractor shall, within a period of 30 days of the imposition of any such further tax
or levy or cess, give a written notice thereof to the Engineer-in-charge that the same is
given pursuant to this condition, together with all necessary information relating
thereto.
CLAUSE 39
Termination of Contract on death of contractor
Without prejudice to any of the rights or remedies under this contract, if the contractor
dies, the Divisional Officer on behalf of the NID Authority shall have the option of
terminating the contract without compensation to the contractor.
CLAUSE 40
If relative working in CPWD then the contractor not allowed to tender
The contractor shall not be permitted to tender for works in the NID responsible for award
and execution of contracts in which his near relative is posted as in charge or as an officer
in any capacity between the grades of the Superintending Engineer and Junior Engineer
(both inclusive). He shall also intimate the names of persons who are working with him in
any capacity or are subsequently employed by him and who are near relatives to NID. Any
breach of this condition by the contractor would render him liable to be removed from the
approved list of contractors of this NID. If however the contractor is registered in any other
department, he shall be debarred from tendering in CPWD for any breach of this condition.
NOTE: By the term “near relatives” is meant wife, husband, parents and grand parents,
children and grand children, brothers and sisters, uncles, aunts and cousins and their
corresponding in-laws.
CLAUSE 41
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No Gazetted Engineer to work as Contractor within one year of retirement
No engineer of gazetted rank or other gazetted officer employed in engineering or
administrative duties in an engineering department of the NID shall work as a contractor or
employee of a contractor for a period of one year after his retirement from NID service
without the previous permission of NID in writing. This contract is liable to be cancelled if
either the contractor or any of his employees is found at any time to be such a person who
had not obtained the permission of NID as aforesaid, before submission of the tender or
engagement in the contractor‟s service, as the case may be.
CLAUSE 42
Return of material & recovery for excess material issued.
(i) After completion of the work and also at any intermediate stage in the event of non
reconciliation of materials issued, consumed and in balance - (see Clause 10),
theoretical quantity of materials issued by the NID for use in the work shall be
calculated on the basis and method given hereunder:-
(a) Quantity of cement & bitumen shall be calculated on the basis of quantity of
cement & bitumen required for different items of work as shown in the Schedule of
Rates mentioned in Schedule „F‟. In case any item is executed for which standard
constants for the consumption of cement or bitumen are not available in the above
mentioned schedule/statement or cannot be derived from the same shall be
calculated on the basis of standard formula to be laid down by the Engineer-in-
Charge.
(b) Theoretical quantity of steel reinforcement or structural steel sections shall be
taken as the quantity required as per design or as authorized by Engineer-in-
Charge, including authorized lap pages, chairs etc. plus 3% wastage due to cutting
into pieces, such theoretical quantity being determined and compared with the
actual issues each diameter wise, section wise and category wise separately.
Compensation during warlike situations
(c) Theoretical quantity of G.I. & C.I. or other pipes, conduits, wires and cables, pig
lead and G.I./M.S. sheets shall be taken as quantity actually required and
measured plus 5% for wastage due to cutting into pieces (except in the case of
G.I./M.S. sheets it shall be 10%), such determination & comparison being made
diameter wise & category wise.
(d) For any other material as per actual requirements.
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(ii) Over the theoretical quantities of materials so computed a variation shall be allowed as
specified in Schedule „F‟. The difference in the net quantities of material actually
issued to the contractor and the theoretical quantities including such authorized
variation, if not returned by the contractor or if not fully reconciled to the satisfaction of
the Engineer-in-Charge within fifteen days of the issue of written notice by the
Engineer-in-charge to this effect shall be recovered at the rates specified in Schedule
„F‟, without prejudice to the provision of the relevant conditions regarding return of
materials governing the contract. Decision of Engineer-in-Charge in regard to
theoretical quantities of materials, which should have been actually used as per the
Annexure of the standard schedule of rates and recovery at rates specified in
Schedule „F‟, shall be final & binding on the contractor.
For non scheduled items, the decision of the NID Authority regarding theoretical
Quantities of materials which should have been actually used, shall be final and
binding on the contractor.
(iii) The said action under this clause is without prejudice to the right of the NID to take
action against the contractor under any other conditions of contract for not doing the
work according to the prescribed specifications.
CLAUSE 43
Compensation during warlike situations
The work (whether fully constructed or not) and all materials, machines, tools and plants,
scaffolding, temporary buildings and other things connected therewith shall be at the risk
of the contractor until the work has been delivered to the Engineer-in-Charge and a
certificate from him to that effect obtained. In the event of the work or any materials
properly brought to the site for incorporation in the work being damaged or destroyed in
consequence of hostilities or warlike operation, the contractor shall when ordered (in
writing) by the Engineer-in-Charge to remove any debris from the site, collect and properly
stack or remove in store all serviceable materials salvaged from the damaged work and
shall be paid at the contract rates in accordance with the provision of this agreement for
the work of clearing the site of debris, stacking or removal of serviceable material and for
reconstruction of all works ordered by the Engineer-in-Charge, such payments being in
addition to compensation upto the value of the work originally executed before being
damaged or destroyed and not paid for. In case of works damaged or destroyed but not
already measured and paid for, the compensation shall be assessed by the Divisional
Officer upto Rs.5,000/- and by the NID Authority concerned for a higher amount. The
contractor shall be paid for the damages/destruction suffered and for restoring the material
at the rate based on analysis of rates tendered for in accordance with the provision of the
contract. The certificate of the Engineer-in-Charge regarding the quality and quantity of
materials and the purpose for which they were collected shall be final and binding on all
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parties to this contract.
Provided always that no compensation shall be payable for any loss in consequence of
hostilities or warlike operations (a) unless the contractor had taken all such precautions
against air raid as are deemed necessary by the A.R.P. Officers or the Engineer-in-
Charge(b) for any material etc. not on the site of the work or for any tools, plant,
machinery, scaffolding, temporary building and other things not intended for the work.
In the event of the contractor having to carry out reconstruction as aforesaid, he shall be
allowed such extension of time for its completion as is considered reasonable by the
Engineer-in-charge.
CLAUSE 44
Apprentices Act provisions to be complied with
The contractor shall comply with the provisions of the Apprentices Act, 1961 and the rules
and orders issued there under from time to time. If he fails to do so, his failure will breach
of the contract and the NID Authority may, in his discretion, cancel the contract. The
contractor shall also be liable for any pecuniary liability arising on account of any violation
by him of the provisions of the said Act.
CLAUSE 45
Release of Security deposit after labour clearance
Release of Security Deposit of the work shall not be refunded till the contractor produces a
clearance deposit after labour certificate from the Labour Officer. As soon as the work is
virtually complete the contractor shall apply for the clearance certificate to the Labour
Officer under intimation to the Engineer-in-Charge. The Engineer-in-Charge, on receipt of
the said communication, shall write to the Labour Officer to intimate if any complaint is
pending against the contractor in respect of the work. If no complaint is pending, on record
till after 3 months after completion of the work and/or no communication is received from
the Labour Officer to this effect till six months after the date of completion, it will be
deemed to have received the clearance certificate and the Security Deposit will be
released if otherwise due.
NOTE:
In case of difference or ambiguity in Hindi and English version, the English version
will prevail.
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In case of any ambiguity/anomaly on this decision of the Engineer-in-charge/NID
Authority will be final and binding.
Contractor National Institute of design
Date : Date :
LIST OF MATERIALS OF APPROVED BRAND
Sr.No Description of Materials
Vendor
1 Cement – OPC – 53 G Ambuja, Ultratech, ACC, or ISI marked as approved by the NID
2 Reinforcement – TMT Tata, Sail, Vizag or ISI marked as approved by the NID
3 Structural steel – tabular / sections Tata / SAIL /ZENITH / VIZAG or ISI marked as approved by the NID.
4 Glazed tiles Somani, Kajaria, Bell, Johnson. Asian or approved equivalent
5 Ceramic tiles Asian, Kajaria, Bell, Somani, Johnson or approved equivalent
6 Vitrified ceramic tiles mat finish Asian, Bell, Johnson or approved equivalent
7 Flush doors and plywood Anchore, Sudersan, Kit Ply, Century or approved equivalent
8 Water proof cement paints – Apex weather coat Asian, Burger, Nerolac, Surfacoat, Snowcem Indocem or approved equivalent
9 PVC pipes Finolex, Dutron, Supreme or ISI equivalent approved brand
10 CPVC pipes – Water supply Astral, Ashirwad Flow Guard or ISI equivalent approved brand
11 Sluice valves. Sant, Leader, Herision, Zoloto or ISI equivalent approved brand
12 C.P. Fittings Jaquar continental or approved equivalent
13 W.C. Pans, Wash basins Cera / Hindware / Hindustan / Parry-ware sapphire range as specified in BOQ
14 PVC Seats Commander, Parry, or ISI equivalent approved brand
15 Bricks Exposed bricks Approved by NID
16 Steel specification Cold rolled as per IS:513 or BS1449.
17 Galavanisation As per IS:277 or BS:2989 with minimum zinc deposition 120 gms / Sq.M.
18 Pre - treatment Rinsing, brushing, degreasing, phoshapting, grain refining, bond rising, rinsing, followed by drying.
19 Epoxy Primer Minimum 7 microns DFT.
20 Alkyd backer Minimum 7 microns DFT.
21 Polyester top coat Minimum 16 microns.
22 Total coating thickness 30 microns.
23 Scratch resistance 1500 gm as per IS:101.
24 Bend Test 2T
25 Corrugation Type N-38-190 of polysteel Nippon Denro or equivalent.
26 Manufacturers Polysteel of NIPPON DENRO ISPAT LTD.,METACOLOR, BHP LYSAGHT KIRBY or any other approved equivalent.
All corner flashing, ridge, trim etc., shall be made of 0.6mm thick precoated sheets.
27 Aluminium Sections JINDAL, HINDALCO, INDAL or
Equivalent as approved by E.I 28 FLOAT GLASS/MIRROR MODI GUARD, SAINT GOBAIN,
FLOAT GLASS INDIA LTD
29 SILICON SEALANT DOWCORNING, WACKER, GE OR ANY OTHER BRAND AS
APPROVED BY ENGINEER- IN-
CHARGE
NID reserves the right to choose any one of the make of materials and its decision is final &
binding to all.
TECHNICAL SPECIFICATIONS: FOR ALL ITEMS CPWD TECHNICAL SPECIFICATIONS SHALL BE
FOLLOWED.
SL.N
O.
1
2
3
4
S.NO DSR 2016 ITEM DESCRIPTION UNIT QUANTITY RATE (`) AMOUNT (`)
I
1 6.27
Brick work with common burnt clay modular bricks of class
designation 7.5 in exposed brick work including making horizonal
& vertical grooves 10mm wide 12mm deep complete in cement
mortar 1:6 ( 1 cement : 6 coarse sand)
-
1a 6.27.2 Above plinth level upto Floor five level Cum 8.00 5259.10 42,073.00
2 6.13
Half brick masonry with common burnt clay F.P.S. (non modular)
bricks of class designation 7.5 in superstructure above plinth level
up to floor V level.
2a 6.13.2 Cement mortar 1:4 (1 cement :4 coarse sand) sqm 25.00 684.20 17,105.00
3 13.31Pointing on brickwork or brick flooing with cement mortar 1:3 ( 1
cement : 3 fine sand)
3a 13.31.1 Flush/Ruled/Struck or weathered pointing sqm 45.00 115.85 5,213.00
4 13.1 12 mm cement plaster of mix :
4a 13.1.1 1:4 (1 cement: 4 Fine sand) Sqmt 80.00 172.95 13,836.00
5 11.26
Kota stone slab flooring over 20 mm (average) thick base laid over
and jointed with grey cement slurry mixed with pigment to match
the shade of the slab, including rubbing and polishing complete
with base of cement mortar 1 : 4 (1 cement : 4 coarse sand) :
5a 11.26.1 25 mm thick sqm 5.00 1158.10 5,791.00
6 18.8
Providing and fixing Chlorinated Polyvinyl Chloride (CPVC) pipes,
having thermal stability for hot & cold water supply, including all
CPVC plain & brass threaded fittings, i/c fixing the pipe with
clamps at 1.00 m spacing. This includes jointing of pipes & fittings
with one step CPVC solvent cement and the cost of cutting chases
6a 18.8.2 20 mm nominal outer dia Pipes metre 16.00 284.85 4,558.00
Misc. Civil works for Staff Residence Nr. Student store, Ground Floor, Hostel A 143357.00
NATIONAL INSTITUTE OF DESIGN
BILL OF QUANTITIES
SUMMARY
DESCRIPTION AMOUNT AS PER BOQ
(`)
TOTAL AMOUNT (Rs) 1765054.00
Civil & Fabrication works for RDC 336617.00
Civil & Fabrication works for raising the height of compound wall at NID,
Ahmedabad 355221.00
Proposed construction of Mezzaninte foor for Electrical Department at NID,
Ahmedabad 929859.00
TOTAL AMOUNT (Rs) 1765054.00
Quoted % above/below/at par 0% 0.00
Misc. Civil works for Staff Residence Nr. Student store, Ground Floor, Hostel A
Office Page 1 of 6 Sign of Tenderer
S.NO DSR 2016 ITEM DESCRIPTION UNIT QUANTITY RATE (`) AMOUNT (`)
7 18.9
Providing and fixing Chlorinated Polyvinyl Chloride (CPVC) pipes,
having thermal stability for hot & cold water supply including all
CPVC plain & brass threaded fittings This includes jointing of
pipes & fittings with one step CPVC solvent cement,trenching
,refilling & testing of joints complete as per direction of Engineer in
Charge.
External work
7a 18.9.8 75 mm nominal outer dia Pipes metre 25.00 1201.05 30,026.00
8 21.1Providing and fixing aluminium work for doors, windows,
ventilators and partitions with extruded built up standard tubular
8a 21.1.1 For fixed portion
9 21.1.2
For shutters of doors, windows & ventilators including providing
and fixing hinges/ pivots and making provision for fixing of fittings
wherever required including the cost of EPDM rubber / neoprene
gasket required (Fittings shall be paid for separately)
9a 21.1.2.2Powder coated alluminium ( Minimum thickness of powder coating
50 micron)KG 50.00 444.90 22,245.00
10 21.3
Providing and fixing glazing in aluminium door, window, ventilator
shutters and partitions etc. with EPDM rubber / neoprene gasket
etc. complete as per the architectural drawings and the directions
of engineer-in-charge.
(Cost of aluminium snap beading shall be paid in basic item):
10a 21.3.2 With float glass panes of 5.5 mm thickness sqm 2.50 1003.95 2,510.00
(I) 143,357.00
II
1 5.9Centering and shuttering including strutting, propping etc. and
removal of form for :
1a 5.9.21Lintels, beams, plinth beams, girders, bressumers and cantilevers
with water proof ply 12 mm thicksqm 50.00 418.95 20,948.00
2 5.3
Reinforced cement concrete work in beams, suspended floors,
roofs having slope 15 degree landings, balconies, shelves,
chhajjas, lintels, bands, plain window sills, staircases & spiral stair
cases above plinth lelvel upto floor five level, excluding the cost of
centering, shuttering, finishing & reinforcement with 1:1.5:3 (1
cement : 1.5 coarse sand (zone - III) : 3 graded stone agreegate
20mm nominal size)
cum 5.00 7390.00 36,950.00
3 5.22
Steel reinforcement for R.C.C. work including straightening,
cutting, bending, placing in position and binding all complete upto
plinth level.
-
3a 5.22.6 Thermo-Mechanically Treated bars KG. 500.00 56.60 28,300.00
4 6.27
Brick work with common burnt clay modular bricks of class
designation 7.5 in exposed brick work including making horizonal
& vertical grooves 10mm wide 12mm deep complete in cement
mortar 1:6 ( 1 cement : 6 coarse sand)
-
4a 6.27.2 Above plinth level upto Floor five level Cum 17.00 5259.10 89,405.00
5 6.13
Half brick masonry with common burnt clay F.P.S. (non modular)
bricks of class designation 7.5 in superstructure above plinth level
up to floor V level.
5a 6.13.2 Cement mortar 1:4 (1 cement :4 coarse sand) sqm 2.00 684.20 1,368.00
6 13.31Pointing on brickwork or brick flooing with cement mortar 1:3 ( 1
cement : 3 fine sand)
6a 13.31.1 Flush/Ruled/Struck or weathered pointing sqm 70.00 115.85 8,110.00
7 13.1 12 mm cement plaster of mix :
7a 13.1.1 1:4 (1 cement: 4 Fine sand) Sqmt 110.00 172.95 19,025.00
Total Amount(Rs.)
Civil & Fabrication works for RDC
Office Page 2 of 6 Sign of Tenderer
S.NO DSR 2016 ITEM DESCRIPTION UNIT QUANTITY RATE (`) AMOUNT (`)
8 21.1
Providing and fixing aluminium work for doors, windows,
ventilators and partitions with extruded built up standard tubular
sections/ appropriate Z sections and other sections of approved
make conforming to IS: 733 and IS: 1285, fixing with dash
fasteners of required dia and size, including necessary filling up
the gaps at junctions, i.e. at top, bottom and sides with required
EPDM rubber/ neoprene gasket etc. Aluminium sections shall be
smooth, rust free, straight, mitred and jointed mechanically
wherever required including cleat angle, Aluminium snap beading
for glazing / paneling, C.P. brass / stainless steel screws, all
complete as per architectural drawings and the directions of
Engineer-in-charge. (Glazing, paneling and dash fasteners to be
paid for separately) :
8a 21.1.1 For fixed portion
8b 21.1.1.2Powder coated alluminium ( Minimum thickness of powder coating
50 micron)KG 80.00 384.50 30,760.00
9 21.1.2
For shutters of doors, windows & ventilators including providing
and fixing hinges/ pivots and making provision for fixing of fittings
wherever required including the cost of EPDM rubber / neoprene
gasket required (Fittings shall be paid for separately)
9a 21.1.2.2Powder coated alluminium ( Minimum thickness of powder coating
50 micron)KG 20.00 444.90 8,898.00
10 21.3
Providing and fixing glazing in aluminium door, window, ventilator
shutters and partitions etc. with EPDM rubber / neoprene gasket
etc. complete as per the architectural drawings and the directions
of engineer-in-charge.
(Cost of aluminium snap beading shall be paid in basic item):
10a 21.3.2 With float glass panes of 5.5 mm thickness sqm 14.00 1003.95 14,055.00
11 10.25
Steel work welded in built up sections/ framed work, including
cutting, hoisting, fixing in position and applying a priming coat of
approved steel primer using structural steel etc. as required.
11a 10.25.2In gratings, frames, guard bar, ladder, railings, brackets, gates
and similar worksKG 550.00 85.95 47,273.00
12 12.1
Providing corrugated G.S sheet roofing including vertical / curved
surface fixed with polymer coated J or L hooks, bolts & nuts 8mm
diameter with bitument & G.I limpet washers or with G.I limpet
washers with white lead including a coat of approved steel primer
and two coats of approved paint on overlaping of sheets complete
( upto any pitch in horizontal / vertical or curved surfaces)
excluding the cost of purlins, rafters and trusses including cutting
of size and shape whereever required.
12a 12.1.3 0.63 mm thick with zink coating not less than 275 gm/sqm Sqmt 45.00 700.55 31,525.00
(II) 336,617.00
III
1 6.27
Brick work with common burnt clay modular bricks of class
designation 7.5 in exposed brick work including making horizonal
& vertical grooves 10mm wide 12mm deep complete in cement
mortar 1:6 ( 1 cement : 6 coarse sand)
-
1a 6.27.2 Above plinth level upto Floor five level Cum 30.00 5259.10 157,773.00
2 13.31Pointing on brickwork or brick flooing with cement mortar 1:3 ( 1
cement : 3 fine sand)
2a 13.31.1 Flush/Ruled/Struck or weathered pointing sqm 160.00 115.85 18,536.00
3 5.9Centering and shuttering including strutting, propping etc. and
removal of form for :
Total Amount(Rs.)
Civil & Fabrication works for raising the height of compound wall at NID,
Ahmedabad
Office Page 3 of 6 Sign of Tenderer
S.NO DSR 2016 ITEM DESCRIPTION UNIT QUANTITY RATE (`) AMOUNT (`)
3a 5.9.21Lintels, beams, plinth beams, girders, bressumers and cantilevers
with water proof ply 12 mm thicksqm 40.00 418.95 16,758.00
4 5.3
Reinforced cement concrete work in beams, suspended floors,
roofs having slope 15 degree landings, balconies, shelves,
chhajjas, lintels, bands, plain window sills, staircases & spiral stair
cases above plinth lelvel upto floor five level, excluding the cost of
centering, shuttering, finishing & reinforcement with 1:1.5:3 (1
cement : 1.5 coarse sand (zone - III) : 3 graded stone agreegate
20mm nominal size)
cum 2.50 7390.00 18,475.00
5 5.22
Steel reinforcement for R.C.C. work including straightening,
cutting, bending, placing in position and binding all complete upto
plinth level.
-
5a 5.22.6 Thermo-Mechanically Treated bars KG. 250.00 56.60 14,150.00
6 10.25
Steel work welded in built up sections/ framed work, including
cutting, hoisting, fixing in position and applying a priming coat of
approved steel primer using structural steel etc. as required.
6a 10.25.2In gratings, frames, guard bar, ladder, railings, brackets, gates
and similar worksKG 595.00 85.95 51,140.00
7 16.18
Fencing with angle iron post placed at required distance
embedded in cement conctrete blocks, every 15th post last but
one end post and corner post shall be strutted on both the sides
and end post on one side only and provided with horizontal lines
and two diagonal with interwoven with horizontal wires, of barbed
wire weighting 9.38 kg per 100 m ( minimum) between the two
posts fitted and fixed with G.I Staples, turn buckles etc complete.
(Cost of posts,struts, earthwork & concrete work to be paid for
saperately). Payment to be made per metre cost of total length of
barbed wire used.
7a 16.18.1 With G.I Barbed wire metre 850.00 12.65 10,753.00
8 16.70
Providing and fixing G.I chain link fabric fencing of required width
in mesh size 50 x 50 mm made including strengthening with 2mm
dia wire or nuts, bolts & washers as required complete as per
direction of Engineer-In Charge
8a 16.70.1 Made of G.I wire of dia 4mm sqm 80.00 561.70 44,936.00
9 13.52
Finishing with Epoxy paint (two or more coats) at all locations
prepared and applied as per manufacturer’s specifications
including appropriate priming coat, preparation of surface, etc.
complete.
-
9a 13.52.1 On steel work sqm 50.00 122.50 6,125.00
10 16.53
Providing & fixing concertina coil fencing with punched tape
conertina coil 600 mm dia 10 metre openable length ( total tength
90 m) having 50 Nos. rounds per 6 metre length upto 3 metre
height of wall with existing angle iron 'Y' shaped placed 2.4 m or
3.00 m apart and with 9 horizontal R.B.T reinforced barbed wire,
stud tied with G.I staples and G.I clips to retain horizontal,
including necessary bolts or G.I barbed wire tied to angle iron, all
complete as per direction of Engineer In chrage, with reinforced
barbed tape (R.B.T)/spring core (2.5mm thick) wire of high tensile
strength of 165 kg /sqmm with tape (0.52 mm thick) and weight
43.478 gm/metre (Cost of M.S Angle, CC Blocks shall be paid
saperately)
metre 65.00 255.00 16,575.00
(III) 355,221.00
IV
1 5.9Centering and shuttering including strutting, propping etc. and
removal of form for :
1a 5.9.20Suspended floors, roofs, landings balconies and access platform
with water proof ply 12 mm thicksqm 40.00 497.45 19,898.00
Proposed construction of Mezzaninte foor for Electrical Department at NID,
Ahmedabad
Total Amount(Rs.)
Office Page 4 of 6 Sign of Tenderer
S.NO DSR 2016 ITEM DESCRIPTION UNIT QUANTITY RATE (`) AMOUNT (`)
2 5.3
Reinforced cement concrete work in beams, suspended floors,
roofs having slope 15 degree landings, balconies, shelves,
chhajjas, lintels, bands, plain window sills, staircases & spiral stair
cases above plinth lelvel upto floor five level, excluding the cost of
centering, shuttering, finishing & reinforcement with 1:1.5:3 (1
cement : 1.5 coarse sand (zone - III) : 3 graded stone agreegate
20mm nominal size)
cum 7.00 7390.00 51,730.00
3 5.22
Steel reinforcement for R.C.C. work including straightening,
cutting, bending, placing in position and binding all complete upto
plinth level.
3a 5.22.6 Thermo-Mechanically Treated bars KG. 400.00 56.60 22,640.00
4 6.27
Brick work with common burnt clay modular bricks of class
designation 7.5 in exposed brick work including making horizonal
& vertical grooves 10mm wide 12mm deep complete in cement
mortar 1:6 ( 1 cement : 6 coarse sand)
-
4a 6.27.2 Above plinth level upto Floor five level Cum 18.60 5259.10 97,804.00
5 13.31Pointing on brickwork or brick flooing with cement mortar 1:3 ( 1
cement : 3 fine sand)
5a 13.31.1 Flush/Ruled/Struck or weathered pointing sqm 40.00 115.85 4,634.00
6 13.1 12 mm cement plaster of mix :
6a 13.1.1 1:4 (1 cement: 4 Fine sand) sqm 50.00 172.95 8,648.00
7 10.1
Structural steel work in single section, fixed with or without
connecting plate including cutting, hoiting, fixing in position and
applying a priming coat of approved steel primer all complete
Kg 450.00 58.85 26,483.00
8 10.2
Structual steel work riveted, bolted and welded in built up sections,
trusses and framed work fixing in position and applying a priming
coat of approved steel primer all complete
Kg 750.00 67.60 50,700.00
9 10.25
Steel work welded in built up sections/ framed work, including
cutting, hoisting, fixing in position and applying a priming coat of
approved steel primer using structural steel etc. as required.
9a 10.25.2In gratings, frames, guard bar, ladder, railings, brackets, gates
and similar worksKG 2000.00 85.95 171,900.00
10 11.26
Kota stone slab flooring over 20 mm (average) thick base laid over
and jointed with grey cement slurry mixed with pigment to match
the shade of the slab, including rubbing and polishing complete
with base of cement mortar 1 : 4 (1 cement : 4 coarse sand) :
10a 11.26.1 25 mm thick Sqm 25.00 1158.10 28,953.00
11 11.49
Providing and laying Vitrified tiles in different sizes (thickness to
be specified by the manufacturer), with water absorption less than
0.08% and conforming to IS: 15622, of approved brand &
manufacturer, in all colours and shade, laid with cement based
high polymer modified quick set tile adhesive (water based)
conforming to IS: 15477, in average 6 mm thickness, including
grouting of joints (Payment for grouting of joints to be made
separately).
11a 11.49.2 Size of Tile 600x600 mm sqm 60.00 1169.55 70,173.00
12 13.42
Distempering with 1st quality acrylic distemper of approved brand
and manufacture of required shade and colour complete as per
manufacturer's specifications.:
12a 13.42.1 Two or more coats on new work sqm 35.00 53.15 1,860.00
13 13.52
Finishing with Epoxy paint (two or more coats) at all locations
prepared and applied as per manufacturer’s specifications
including appropriate priming coat, preparation of surface, etc.
complete.
13a 13.52.1 On steel work sqm 50.00 122.50 6,125.00
Office Page 5 of 6 Sign of Tenderer
S.NO DSR 2016 ITEM DESCRIPTION UNIT QUANTITY RATE (`) AMOUNT (`)
14 21.1
Providing and fixing aluminium work for doors, windows,
ventilators and partitions with extruded built up standard tubular
sections/ appropriate Z sections and other sections of approved
make conforming to IS: 733 and IS: 1285, fixing with dash
fasteners of required dia and size, including necessary filling up
the gaps at junctions, i.e. at top, bottom and sides with required
EPDM rubber/ neoprene gasket etc. Aluminium sections shall be
smooth, rust free, straight, mitred and jointed mechanically
wherever required including cleat angle, Aluminium snap beading
for glazing / paneling, C.P. brass / stainless steel screws, all
complete as per architectural drawings and the directions of
Engineer-in-charge. (Glazing, paneling and dash fasteners to be
paid for separately) :
14a 21.1.1 For fixed portion
21.1.1.2Powder coated alluminium ( Minimum thickness of powder coating
50 micron)KG 450.00 384.50 173,025.00
15 21.1.2
For shutters of doors, windows & ventilators including providing
and fixing hinges/ pivots and making provision for fixing of fittings
wherever required including the cost of EPDM rubber / neoprene
gasket required (Fittings shall be paid for separately)
15a 21.1.2.2Powder coated alluminium ( Minimum thickness of powder coating
50 micron)KG 120.00 444.90 53,388.00
16 21.2
Providing and fixing 12 mm thick prelaminated particle board flat
pressed three layer or graded wood particle board conforming to
IS: 12823 Grade l Type ll, in panelling fixed in aluminum doors,
windows shutters and partition frames with C.P. brass / stainless
steel screws etc. complete as per architectural drawings and
directions of engineer-in-charge.
16a 21.2.2Pre-laminated particle board with decorative lamination on both
sidesSqm 20.00 866.60 17,332.00
17 21.3
Providing and fixing glazing in aluminium door, window, ventilator
shutters and partitions etc. with EPDM rubber / neoprene gasket
etc. complete as per the architectural drawings and the directions
of engineer-in-charge.
(Cost of aluminium snap beading shall be paid in basic item):
17a 21.3.2 With float glass panes of 5.5 mm thickness sqm 124.08 1003.95 124,566.00
(IV) 929,859.00 Total Amount(Rs.)
Office Page 6 of 6 Sign of Tenderer
A1
SECTION - AA'
Scale :Date :
DRG. NO. :
Project :Design Drawing :
DRAWN BY :
ROOF
A1
PLAN
FRONT ELEVATION
R.C.C.R.C.C.
40
0 M
M. W
ID
E P
RO
J. @
L
IN
TE
L L
EV
EL
40
0 M
M. W
ID
E @
L
IN
TE
L L
VL
.
150 MM THICK R.C.C. SLAB
SAND FILLING SAND FILLING
UP
UP
WW
TYPE SIZE
W 1760 X 1200
V 3470 X 600
V1 2970 X 600
SILL
900
2800
2800
D 1000 X 2100 --
V1
LINTEL
2100
2800
2800
2100
VV
DOOR - WINDOW SCHEDULE
SECTION - BB'
RIGHT HAND SIDE ELEVATION
R.C.C. R.C.C.
ROOF
150 MM THICK R.C.C. SLAB
SAND FILLING
3" D
IA
. P
.V
.C
. P
IP
E
D
V
V
W
D
V1
W
SLOPE
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